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HomeMy WebLinkAbout2013/10/07 - ADMIN - Agenda Packets - City Council - Regular AGENDA OCTOBER 7, 2013 6:30 p.m. SPECIAL STUDY SESSION – Council Chambers Discussion Items 1. 6:30 p.m. Ownership and Replacement Costs in Right of Way 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Mike Freeman Presentation - Criminal Stats & Safe Communities (No written report.) 2b. Presentation by Rob Metz, St. Louis Park Superintendent of Schools 3. Approval of Minutes 3a. Study Session Minutes September 9, 2013 3b. City Council Meeting Minutes September 16, 2013 3c. Special City Council Meeting Minutes September 23, 2013 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda, or move items from Consent Calendar to regular agenda for discussion.) 5. Boards and Commissions -- None 6. Public Hearings 6a. Public Hearing to Consider First Reading of 2014 Fee Ordinances Recommended Action: Mayor to close public hearing. Motion to Approve 1st Reading of Ordinance adopting fees for 2014 and set Second Reading for October 21, 2013. 6b. Consolidated Public Hearing (1) 2014 Budget & Property Owner Service Charges for Special Service District No. 1 Recommended Action: Mayor to close public hearing. Motion to Adopt Resolution setting the 2014 Budget and Property Owner Service Charge for Special Service District No. 1 and directing staff to certify the annual service charges to Hennepin County. (2) 2014 Budget & Property Owner Service Charges for Special Service District No. 2 Recommended Action: Mayor to close public hearing. Motion to Adopt Resolution setting the 2014 Budget and Property Owner Service Charge for Special Service District No. 2 and directing staff to certify the annual service charges to Hennepin County. (3) 2014 Budget & Property Owner Service Charges for Special Service District No. 3 Recommended Action: Mayor to close public hearing. Motion to Adopt Resolution setting the 2014 Budget and Property Owner Service Charge for Special Service District No. 3 and directing staff to certify the annual service charges to Hennepin County. Meeting of October 7, 2013 City Council Agenda (4) 2014 Budget & Property Owner Service Charges for Special Service District No. 4 Recommended Action: Mayor to close public hearing. Motion to Adopt Resolution setting the 2014 Budget and Property Owner Service Charge for Special Service District No. 4 and directing staff to certify the annual service charges to Hennepin County. (5) 2014 Budget & Property Owner Service Charges for Special Service District No. 5 Recommended Action: Mayor to close public hearing. Motion to Adopt Resolution setting the 2014 Budget and Property Owner Service Charge for Special Service District No. 5 and directing staff to certify the annual service charges to Hennepin County. (6) 2014 Budget & Property Owner Service Charges for Special Service District No. 6 Recommended Action: Mayor to close public hearing. Motion to Adopt Resolution setting the 2014 Budget and Property Owner Service Charge for Special Service District No. 6 and directing staff to certify the annual service charges to Hennepin County. 7. Requests, Petitions, and Communications from the Public -- None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Recommended Action: • Motion to approve First Reading of an ordinance amending the Zoning Map for 4017 Utica Avenue and 3998 Wooddale Avenue South from R-2 Single-Family Residence to R-4 Multiple-Family Residence • Motion to Adopt Resolution approving the Preliminary and Final Plat of Wooddale Flats with Subdivision Variance and conditions • Motion to Adopt Resolution approving the Preliminary and Final Planned Unit Development (PUD) for Wooddale Flats with conditions 8b. The West End AUAR Update Recommended Action: Motion to Adopt Resolution approving the Alternative Urban Areawide Review Update (AUAR) for The West End Redevelopment Project located in the southwest quadrant of Highways 394 and 100 8c. Major Amendment to The West End Final PUD for Multiple-Family Residential Recommended Action: Motion to Adopt Resolution Approving a Major Amendment to the Planned Unit Development for the West End allowing a multiple family dwelling at 5245 Wayzata Boulevard and in the Office zoning district, subject to conditions. 8d. First Reading – Miscellaneous Zoning Ordinance Amendments Recommended Action: Motion to approve First Reading of an Ordinance amending Chapter 36 of the St. Louis Park Code of Ordinances relating to definitions; processing comprehensive plan amendments and planning applications concurrently; fence height in the front yard; front yard setbacks in commercial zoning districts; compact parking dimensions; and allowing outdoor seating with food and beverage service in the Business Park zoning district, and to set the second reading for October 21, 2013. 8e. Public Safety Software Agreement Recommended Action: Motion to enter into an Agreement with ZuercherTechnologies LLC in the amount of $494,560 plus annual maintenance fees starting at $74,284 per year for provision of software licensing and maintenance, hardware provision and maintenance, and several related services for use of ZuercherTech’s ledsSuite product offerings to the City of St. Louis Park’s Police and Fire Departments. 9. Communication Meeting of October 7, 2013 City Council Agenda CONSENT CALENDAR 4a. Adopt Resolution approving a contract with HLB Tautges Redpath, LTD for 2014 auditing services and also to authorize the City Manager to enter into extensions through the 2017 audit 4b. Adopt Resolution Authorizing Execution of a Renewed Lease with the State of Minnesota Department of Transportation (Mn/DOT) for Webster Park 4c. Adopt Resolution approving acceptance of a monetary donation from Esther Knops in the amount of $827.47, Paula Pendleton in the amount of $50, and St. Louis Park Golden Kiwanis in the amount of $100 for Westwood Hills Nature Center 4d. Approve for filing Board of Zoning Appeals Meeting Minutes August 22, 2013 4e. Approve for filing Vendor Claims 4f. Approve for filing Parks & Recreation Advisory Commission Minutes April 17, 2013 4g. Approve for filing Planning Commission Meeting Minutes June 26, 2013 St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting: Special Study Session Meeting Date: October 7, 2013 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: Ownership and Replacement Costs in the Right of Way RECOMMENDED ACTION: Staff has developed an outline for addressing private improvements within the Right of Way that are disturbed during City construction projects and seeks Council input. POLICY CONSIDERATION: In connection with the Connect the Park capital improvement program Council has directed staff to create a draft comprehensive Right of Way (ROW) management policy for Council to review, comment and adopt. This policy would provide clarity to the Council, staff and adjacent property owners as the City undertakes future maintenance, construction and storm cleanup operations in the public Right of Way. SUMMARY: After researching how the City regulates, manages and repairs damages to items in the ROW it became evident that not every situation is covered in the city code. Section 24 of the Code is not clear or silent on many of the private improvements that reside within the ROW such as fences, retaining walls and irrigation systems. There is also a varied approach to this across the different departments within the City. Staff is recommending that in order to fully address how we assign ownership, responsibility and liability to items within the ROW that a thorough review and update of Chapters 24 “Streets, Sidewalk and Other Public Places” be completed. This will help to bring clarity to what is allowed in the ROW and necessary approval processes. However, a complete review and approval of this section of the City Code will take a considerable amount of time. In order to stay ahead of the Connect the Park trail and sidewalk capital improvement program staff has put together an outline of the requirements and procedures we believe are the “Best Management Practices” for ROW stewardship. Staff desires direction on what has been proposed. Staff recommends that the City not take responsibility for any item within the ROW that the adjoining property owner has installed. The adjoining property owner would be responsible for removing/ relocating the item at the request of the City and responsible for fixing any damage to the item. This is consistent with how the majority of our ROW permits are handled. FINANCIAL OR BUDGET CONSIDERATION: Any modifications to the current management procedures and practices will have a direct result on the City’s operating budget. SUPPORTING DOCUMENTS: Discussion 1 - Application for Temporary Private Use of Public Land 2 - Application for Work in Public Right of Way 3 - City Fee Schedule Associated with ROW Activities Prepared by: Jack Sullivan, Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Cindy Walsh, Operations and Recreation Director Approved by: Tom Harmening, City Manager Special Study Session Meeting of October 7, 2013 (Item No. 1) Page 2 Title: Ownership and Replacement Costs in the Right of Way DISCUSSION NEXT STEPS: The goal is to clearly define the ownership and the fiscal responsibility for removal or replacement of private improvements located within the public ROW. The two areas that staff has reviewed for this discussion are City Code Chapter 24 “Streets, Sidewalk and Other Public Places” and the “Best Management Practices” that have been used by staff. These two areas will be combined to create the City’s policy on ownership and replacement of private improvements in the ROW. Also, the following existing processes need to be updated for consistency and concurrence as part of this process: “Application for Temporary Private Use of Public Land”, the “Application for Work in Public Right of Way and the fee structure “City Fee Schedule Associated with ROW Activities”. After analysis staff believes the most logical way to discuss ownership and responsibility of the ROW is to discuss the items in two categories; items that are below ground and items that are above ground. Below Ground - Items in the ROW below ground such as irrigation systems can be allowed to encroach as they cause little risk to public safety. However, repair due to damage and/or removal of the irrigation system should not the responsibility of the City. - Underground pet containment fences should not be in the ROW. In cases where sidewalk is present this could create a public safety risk of pets encroaching on to public sidewalks. - Staff recommends that residents be required to get a permit for installing irrigation in the ROW. This will ensure the system is installed properly and that the property owner knows that they could be damaged by upcoming City construction activities. However, staff believes that the $150 fee is a deterrent for residents, and suggests waiving the fee. The benefits to the City of knowing that this type of facility is in the ROW far outweigh the fees that are collected. Above Ground - Items in the ROW above ground (i.e. retaining walls, fences, boulders, planters, sculptures, etc.) that could present a public safety risk, impede snow removal / storage or could create a visual obstruction should not be allowed in the ROW without City approval. - An exception would be United States Post Office approved mail boxes - For any above ground item that is requested to be within the ROW an “Application for Temporary Private Use of Public Land” permit would be required. Special Study Session Meeting of October 7, 2013 (Item No. 1) Page 3 Title: Ownership and Replacement Costs in the Right of Way BACKGROUND AND HISTORY: The term right of way (ROW) refers to the street and area on either side of the street used to support the use of the road including the sidewalk, roadway shoulders, ditches and boulevards. This also extends to the area below and above the roadway. This space becomes the conduit for vehicles, bicycles, pedestrians and the many public and private utilities that traverse the City. This area is governed by the City and all activities within this area are regulated by City Code Chapters 24 “Streets, Sidewalk and Other Public Places” and Chapter 30 “Traffic and Vehicles”. The multitude of items within the ROW can be categorized in to three types of ownership: 1. City owned facilities. a. Items such as roads, utilities, signs, trees, art and retaining walls, etc. 2. Utilities owned by private companies and permitted by City Code. a. Items such as CenterPoint Energy, Xcel Energy, Fiber Optic communications, etc. 3. Privately owned improvements that are either placed in the ROW under permit or done so without City approval. a. Items such as driveways, landscaping, irrigation, electric pet containment, etc. The ROW needs to be carefully regulated and managed by the City to ensure the public’s interest is protected and to minimize issues when activities happen within the ROW. Typically items within the ROW are impacted by planned construction activities (pavement management), routine maintenance (snow plowing/removal, tree removal) or by emergency situations (storm damage). The topic of who owns and is responsible for maintaining the items in the ROW is most often brought up during construction activities such as the City’s pavement management program or in other instances when these facilities have been damaged. In addition, the recent Council approval of the Sidewalk, Trail and Bikeway Capital Improvement Project will have considerable impact to the private improvements within the right of way. Many of these new sidewalks will be placed in the ROW boulevards that currently have vegetation, irrigation systems or electric pet containment fencing. The following is a list of many of the typical items that can be found within the City ROW. CITY OWNED Streets/curb and gutter Sidewalks/trails Street Lighting Watermain/fire hydrants Sanitary Sewer Storm Sewer City Fiber Optic Street signs/sign monuments Other City’s utilities (Minneapolis Water) Trees Art Retaining walls Fences/Bollards/Monuments Streetscape Special Study Session Meeting of October 7, 2013 (Item No. 1) Page 4 Title: Ownership and Replacement Costs in the Right of Way PRIVATE COMPANIES (ROW PERMIT NEEDED) Water/Sewer services Gas-Centerpoint Energy Electric-Xcel Street Lighting (by Xcel) CommunicationsFiber Optic/Communications Bus benches/shelters Eruv Wires Dumpsters (temporary) PRIVATE IMPROVEMENTS Sidewalk and out-walks Driveways Landscaping (grass, trees, flower beds) Fences Irrigation Electric pet containment fences Driveways (standard/heated/decorative) Little Libraries Retaining walls Mail boxes Signs Sump pump discharges There are inconsistences between how these various items are managed by the City and is responsible for the repair/replacement if they are damaged. This inconsistency creates confusion and frustration for property owners and staff. Staff has surveyed our neighboring communities to understand their policies on ROW management. The majority of the other cities consider any private improvements that are damaged within the ROW to be the responsibility of the private owner and not the City. Although we have a similar position, we acknowledge that this is more of a practice than a policy. For items such as trees or sidewalks in the public right of way the policy of who is responsible for these varies from city to city. WHO OWNS THE PUBLIC RIGHT OF WAY? According to the City Attorney, although there may be instances where the city has complete ownership of the right of way, in most instances the city's interest is an easement for use as a public right of way. If the city vacates the right of way because it is no longer needed, ownership reverts to the underlying fee owners, which would typically be the abutting property owners. As the owner of a right of way easement, the city generally has the right to preclude any encroachments or use of the right of way by adjoining property owners which can potentially interfere with the city's use of the right of way, In an urban setting, this usually translates into the cities right to exclude virtually any private activity in the right of way if it chooses to do so. Some cities will allow an adjoining owner, by an encroachment agreement, in limited circumstances to put certain non-structural site improvements in an unused portion of a right of way on the condition that the property owner remove the improvement at his or her expense if the city needs to use the right of way WHO IS LIABLE FOR CLAIMS ON PUBLIC SIDEWALKS? The City Attorney has provided the opinion that the city is the liable party for any claims relating to the maintenance and repair of all public sidewalks. The adjoining property owner is only potentially liable if he or she affirmatively does something that creates a hazard on the sidewalk. Simply failing to shovel the sidewalk or remove ice that naturally occurs does not create potential liability. According to statute, with the exception of sidewalks adjoining a city owned property, the City is immune from any liability for slip and fall type claims, so long as the city, just like the adjoining property owner, has not done anything to affirmatively create the hazardous situation. So in the normal accumulation of snow and ice situation the city is immune. Also, generally a person out walking in snow and ice situations in Minnesota has, in most circumstances, assumed a risk. Special Study Session Meeting of October 7, 2013 (Item No. 1) Page 5 Title: Ownership and Replacement Costs in the Right of Way In the repair situation, the city has discretionary immunity in that it has the right to determine what level of resources it wants to invest in sidewalk maintenance versus other city functions. The City and Staff would typically also have official immunity in implementing a sidewalk repair protocol. Potential liability may arise if the city has been notified of a hazardous situation, especially one that is not readily apparent to a sidewalk user, and does not take any reasonable steps to warn or correct the situation. Claims submitted to the City are routed through the League of Minnesota Insurance Trust (LMCIT) our insurance provider. LMCIT handles any claim management activities, reviews situations, handles follow up and documentation and makes determination on liability. Special Study Session Meeting of October 7, 2013 (Item No. 1) Page 6 Title: Ownership and Replacement Costs in the Right of Way SUPPORTING DOCUMENT #1 APPLICATION FOR TEMPORARY PRIVATE USE OF PUBLIC PROPERTY Private Use of Public Land Temporary Private Use Application APPLICATION FOR TEMPORARY PRIVATE USE OF PUBLIC PROPERTY City of St. Louis Park, Minnesota Utilities Superintendent: _______________________ FEE: $5.00 Application Date: ____________________________ Directions: Fill out this form in duplicate by typing or printing in ink. All items must be completed. If the spaces provided are insufficient, use additional sheets, keying information to the proper item number. 1. ___________________________________________________________________________________________ Name of Applicant: (last) (first) (middle) 2. ___________________________________________________________________________________________ Telephone: Home Work 3. ___________________________________________________________________________________________ Address of Applicant (house # and street) (city) (state) (zip code) 4. ___________________________________________________________________________________________ Location of requested use (abutting public property address) 5. ___________________________________________________________________________________________ Purpose of requested use 6. ___________________________________________________________________________________________ (last) (middle) (first) Name of Current Fee Owner of Private Abutting Property 7. ___________________________________________________________________________________________ (house # and street) (city) (state) (zip code) Address of Current Fee Owner of Private Abutting Property 8. ___________________________________________________________________________________________ Legal Description of Abutting Property (check one) Abstract Prop._____ Torrens Prop.________ 9. ___________________________________________________________________________________________ Present Use of Abutting Property Attach a site plan indicating the location of all property lines, curbs, sidewalks, fire hydrants, light poles, trees, utilities, etc. __________________________________________ Signature of applicant Special Study Session Meeting of October 7, 2013 (Item No. 1) Page 7 Title: Ownership and Replacement Costs in the Right of Way POLICY FOR TEMPORARY PRIVATE USE Policy Statement Property owners adjacent to City owned land or public easements will from time to time request consideration from the City to allow the owner to acquire a portion of the City land, vacate a City right of way or easement, or authorize temporary use of City land. The City acknowledges that it only desires to own land or easements that serve a present or future public purpose, meet the goals of the Comprehensive Plan, or provide open space for flora and fauna, and provide environmental protection. In response, the City will allow the release or use of public land and easements in accordance with this policy and its established criteria. Temporary Private Use An abutting property owner may desire the temporary use of public land. Temporary private use of public land are those uses which provide a convenience to a property owner, but are not essential for the operation of business or residential use of the property. These uses include commercial uses such as outdoor seating for restaurants, fences, canopies, irrigation systems, sidewalk sales, etc.; or residential uses such as driveways, sidewalks, retaining walls, shrubs, or gardens. Eligibility 1. Eligibility of an applicant to request private temporary use of public land. a. Applicant shall be the owner of land adjacent to and abutting the land requested to be temporarily used. b. The applicant’s property shall not be delinquent on any property taxes. 2. Eligibility of the land to be temporarily used. a. The land must not have been acquired by the City through tax delinquency (forfeiture) or dedication. b. The land must not be designated on the Comprehensive Plan as park land. c. Land must be under the jurisdiction of the City. d. The private use of the property shall not impede any public use of the property. Special Study Session Meeting of October 7, 2013 (Item No. 1) Page 8 Title: Ownership and Replacement Costs in the Right of Way Application Requirements 1. Applicant must present documentation justifying the need for the additional land. 2. All structures or uses proposed must be temporary in nature, and shall be in conformance with all applicable codes and ordinances (Comprehensive Plan, Zoning Ordinance, Uniform Building Codes, etc.) 3. Applicant must provide the following: a. Application fee. b. Proof of ownership of the adjacent private property. c. Legal description of the adjacent private property. d. Description of the public property being requested. e. A site plan, drawn to scale, indicating the proposed location of any structures/uses to be placed on public land. This site plan shall show the location of all property lines, curbs, sidewalks, fire hydrants, light poles, trees, utilities, etc. Procedure 1. The applicant shall submit an application to the Public Works Department for the private use of public property together with all application requirements. 2. The Public Works Department shall determine whether the application meets all of the requirements of this policy and also determine what appropriate fees, if any, should be charged to the applicant to cover any City costs which may be associated with the proposed use or structure being placed on City land or right of way. 3. If the applicant’s request is granted, the applicant shall execute an Encroachment Agreement, in the form approved by the City, for the use of public property. (The agreement contains a clause which exempts the City from any responsibility for loss or damage to any structure. The agreement also contains a clause which allows the City to terminate the agreement with a 30-day notification.) 4. If the Public Works Department denies any application for the temporary public service use of a public right of way or easement, the applicant may appeal the decision to the City Council within 30 days of that decision. Special Study Session Meeting of October 7, 2013 (Item No. 1) Page 9 Title: Ownership and Replacement Costs in the Right of Way ENCROACHMENT AGREEMENT AGREEMENT made this ________ day of _________________, _____, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation (“City”), and ________________ and ________________ (“Owner”). 1. BACKGROUND. Owner is the fee owner of (address) _________ ___________________ in the City of St. Louis Park, County of Hennepin, and State of Minnesota (“subject property”). The City owns the adjacent property upon which the Owner (description of temporary activity) ______________________ _____________________________________ which ________ (will/does) encroach on the City’s property. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the temporary encroachment on its property for the ________________ ______________________________________, except over existing utilities. 3. HOLD HARMLESS AND INDEMNIFY. In consideration of being allowed to encroach on the City’s property, Owner, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the subject property, including the ______________________________ on the subject property, caused in whole or in part by the encroachment onto the City’s property. 4. DAMAGES. Any damage occurring on the City property, described in Article 2. Above, caused by Owner or Owner’s heirs, assigns or contractor shall be repaired at Owner’s expense to the satisfaction of the City. Special Study Session Meeting of October 7, 2013 (Item No. 1) Page 10 Title: Ownership and Replacement Costs in the Right of Way 5. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the Owner of the subject property thirty (30) days advance written notice. The property owner shall remove the __________________________________ by the effective date of termination of this Agreement. If the Owner fails to do so the City may remove the ________ ______________________ at the Owner’s expense. CITY OF ST. LOUIS PARK OWNER ____________________________________ _______________________________________ Charles W. Meyer, City Manager Attest: Reviewed for Public Works Department ____________________________________ _______________________________________ Cynthia D. Reichert, City Clerk Mike Rardin, Director of Public Works STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _________________ day of _____________________________, 200__, by ______________________________, and ______________________________. ______________________________ NOTARY PUBLIC Drafted By: Campbell, Knutson, Scott & Fuch, P.A. 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 Telephone: (612) 452-5000 RNK:srn Special Study Session Meeting of October 7, 2013 (Item No. 1) Page 11 Title: Ownership and Replacement Costs in the Right of Way SUPPORTING DOCUMENT #2 Special Study Session Meeting of October 7, 2013 (Item No. 1) Page 12 Title: Ownership and Replacement Costs in the Right of Way SUPPORTING DOCUMENT #3 City Fee Schedule Associated with ROW Activities City of St. Louis Park – 2013 Fees Service 2013 Fee/Charge Accounting Chapter 24 – Streets, Sidewalks & Public Places $50 Chapter 24, Section 151 – Work in public right-of-way without a per mit $100 Work in Public Right-of-Way Permit Administrative Fee (all permits) $50 Hole in Roadway/Blvd (larger than 10" diameter) $50 per hole Trenching in Roadway $400 per 100 linear feet minimum $400) Trenching in Boulevard $200 per 100 linear feet (minimum $200) Installation/repair of Sidewalk, Curb Cut or Curb and Gutter Permit $10 per 10 linear feet Administrative Fee (all permits) $50 Meeting: City Council Meeting Date: October 7, 2013 Presentation: 2b EXECUTIVE SUMMARY TITLE: Presentation by Rob Metz, St. Louis Park Superintendent of Schools RECOMMENDED ACTION: No action required. Superintendent Metz will be providing a presentation to the City Council on the upcoming school referendum POLICY CONSIDERATION: None at this time. SUMMARY: Superintendent Metz has asked for the opportunity to make an appearance before the City Council to provide a presentation on the three proposed questions that will be on the ballot during the election in November FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Referendum PowerPoint Presentation Prepared by: Tom Harmening, City Manager Referendum Introduction Election Day is Tuesday, November 5th PLEASE VOTE! City Council Meeting of October 7, 2013 (Item No. 2b) Title: Presentation by Rob Metz, St. Louis Park Superintendent of Schools Page 2 St. Louis Park Public Schools Brand •Very Academic •Innovative •Welcome Diversity •Historical Community Support –Commitment to Lifelong Learning •Perfect Size –Participation –Relationships City Council Meeting of October 7, 2013 (Item No. 2b) Title: Presentation by Rob Metz, St. Louis Park Superintendent of Schools Page 3 Referendum: Background •District enrollment growth over the past 5 years •Most schools nearing capacity, causing space concerns •Elementary Principals, teachers and parent reps worked with Wold Architects and Engineers to make recommendations to the School Board for additions •All schools and centers are aging and need maintenance •The school district’s technology levy is up also for renewal City Council Meeting of October 7, 2013 (Item No. 2b) Title: Presentation by Rob Metz, St. Louis Park Superintendent of Schools Page 4 Referendum: Question #1 •Question 1 … Capital Project Levy (Technology Levy) for $1.75 million over 10 years (approximately $17,500,000) –Renewal of existing Technology Levy –Technology maintenance needs and enhancement –Continuation of school district’s 21st Century Technology initiatives •This is a “revoke” and “approve” ballot question because we are going to voters one year early City Council Meeting of October 7, 2013 (Item No. 2b) Title: Presentation by Rob Metz, St. Louis Park Superintendent of Schools Page 5 Referendum: Question #2 •Question 2 … Bond Issue for $14.9 million (Bond for Buildings) over 9 years –Building additions at Elementary Schools: •Aquila (3 classrooms) •Peter Hobart (3 classrooms & cafeteria) •Susan Lindgren (3 classrooms) –Roofs, HVAC, tuckpointing, parking lots, flooring, remodeling, and other deferred maintenance to improve energy efficiency. •Districtwide – schools and community centers –All Schools –Lenox Community Center: Building Security (main entrance reconfiguration) & Kitchen Remodel City Council Meeting of October 7, 2013 (Item No. 2b) Title: Presentation by Rob Metz, St. Louis Park Superintendent of Schools Page 6 Referendum: Question #3 •Question 3 … Referendum Revenue Authorization of $1.1 million additional dollars annually for 10 years (Levy for Learning) –Begins fiscal year 2015 •Provides funding for general operations of the schools and classrooms (i.e. class size, educational programming, etc.) to maintain academic quality and competitive advantage City Council Meeting of October 7, 2013 (Item No. 2b) Title: Presentation by Rob Metz, St. Louis Park Superintendent of Schools Page 7 Referendum: Tax Impact •Average St. Louis Park home is valued at $200,000; tax impact for all three questions is $82/annually or $6.83/month –With the estimated Refunding Opportunity, taxes would decrease: the amount to be determined. City Council Meeting of October 7, 2013 (Item No. 2b) Title: Presentation by Rob Metz, St. Louis Park Superintendent of Schools Page 8 Meeting: City Council Meeting Date: October 7, 2013 Minutes: 3a UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA SEPTEMBER 9, 2013 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Julia Ross, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), Police Chief (Mr. Luse), Deputy Police Chief (Mr. DiLorenzo), Director of Operations and Recreation (Ms. Walsh), Director of Community Development (Mr. Locke), Interim Director of Engineering (Mr. Sullivan), Senior Planner (Mr. Walther), Planning/Zoning Supervisor (Ms. McMonigal), and Recording Secretary (Ms. Hughes). Guest: Jeff Miller (Hoisington Koegler Group, Inc. (HKGi)) 1. Future Study Session Agenda Planning – September 23, 2013 Mr. Harmening advised that Council needs to approve Second Reading of the franchise ordinance extension for Xcel Energy and CenterPoint on September 23rd and the study session agenda will likely include discussion of SWLRT. 2. SWLRT: General Update and Update on the Louisiana LRT Station Area Planning Mr. Walther presented the staff report and introduced Mr. Jeff Miller from HKGi and also introduced Advisory Committee members Chad Pederson, Michael Kelner, and Duane Spiegle. Mr. Miller presented a diagram of the Louisiana Avenue station study area and stated the goals and objectives include creating a unified future vision for the district, assisting in the creation of goals and design guidelines for future land use, and providing input into Preliminary Engineering and final design for SWLRT. He then presented the draft Louisiana LRT station area guiding principles and preliminary concept drawings for a north station and a south station location and pointed out the assumptions include the eventual removal of the switching wye, the addition of a southbound freight rail connection, and colocation of freight rail and light rail. He indicated that key elements of both the north and south station include increased connectivity of the street network, connecting bus routes to the light rail station, expanded pedestrian network, and creating a convenient commuting and recreational bike network in this area. He discussed key elements for the north station land use and development character and presented a development concept of the north station. He then presented preliminary concept drawings for a south station location. He advised that a community meeting is scheduled for September 25, 2013, and two additional Advisory Committee meetings will be held in October and November, with the final plan presented to Council in December. Mr. Walther indicated the Advisory Committee is working to come up with plans for either station location and is not trying to choose either a south or north platform location. City Council Meeting of October 7, 2013 (Item No. 3a) Page 2 Title: Study Session Minutes of September 9, 2013 Mr. Harmening pointed out these plans include the important assumption that the CP swap occurs. Councilmember Hallfin stated he did not have a preference for either the south or north station location. Councilmember Sanger stated the south station is close to Minnehaha Creek and was concerned that the guiding principles do not include increasing public access to the creek and/or increasing green space and felt that should be tied into the plans. She indicated the staff report includes the amount of square footage for development for the south station and requested that staff provide the same data for the north station. She expressed concern about safety particularly for employees working at night and requested that the final plan include more information about lighting for safety. She added she did not know how realistic it was to assume people would walk a quarter-mile mile at night to get to a light rail station so the southern location would be preferable. Councilmember Mavity agreed with the concerns regarding safety and the environment and indicated her concern with a northern station location is that until the area is fully developed, it does not feel safe. She stated her preference for the south station location and the potential for a public/private partnership, adding she felt this area could be a model for the entire system. Councilmember Spano stated Met Council has indicated that if there are economic development partnerships to explore for moving station locations, they need to be in place this fall. He asked if staff has discussed potential economic development opportunities and felt that Council would need to weigh in at some point about whether there is interest in putting City money into these opportunities. He expressed concern that the Advisory Committee has no representation from Meadowbrook and asked if staff has received any input from Meadowbrook residents. Mr. Walther replied that staff has made attempts to recruit Meadowbrook residents but has not been successful in those attempts and stated that staff is considering a separate community meeting to obtain input from the Meadowbrook residents. Councilmember Spano suggested that the City hold a community meeting at Meadowbrook. He expressed thanks and appreciation to the Advisory Committee for their input. Councilmember Ross stated she favors the south location. She stated she also favors a parking structure in this area because the impact of traffic would probably be better absorbed at this station. She noted that Methodist has a parking lot to the north that may provide an opportunity for pursuing a public/private parking structure. She added she has not seen much in the plans in terms of collaboration with MTC and felt that bus service needs to be expanded. Councilmember Santa agreed with previous Councilmember comments. She requested further information regarding the statement in the staff report that other precedent areas had been studied where a light rail station was located close to a medical facility. She indicated if the City intends to push for moving the station to the south, it would be important to have concrete data regarding ridership, safety, etc. to support its position. City Council Meeting of October 7, 2013 (Item No. 3a) Page 3 Title: Study Session Minutes of September 9, 2013 Ms. McMonigal stated that staff will be meeting with the SPO tomorrow to discuss ridership models and assumptions and agreed to bring more specific information to Council in the near future. Mayor Jacobs expressed support for a south station location. Mr. Locke stated the “CP swap” has been discussed at several SWLRT meetings as well as the south connection for freight rail. He presented a diagram of the corridor depicting the TC&W route where it joins with the BNSF tracks and also presented a diagram of the SPO’s proposed base plan that shows the SWLRT traveling on the south side until it gets back on the north side at Minneapolis’s Royalston station and indicated there are a lot of advantages to this plan for the project as well as for St. Louis Park. He pointed out that redevelopment opportunities and major land uses are best served by a station with light rail on the south side of freight rail. He presented a diagram depicting corridor ownership and the existing regional trail and stated the right of way owned by the Hennepin County Regional Rail Authority is on the north side of the corridor and CP owns the south side where the freight tracks are located today. The intent would be to swap the locations so that CP tracks would be on the north side. He discussed the switching wye and explained that if the CP tracks move to the north and the light rail tracks move to the south, the wye is severed and in order to maintain that connection, the SPO has planned a south connection. He pointed out the SPO’s design does not include removal or relocation of the existing salt business and explained the relocation of this business is not needed for the operation of SWLRT. SPO does not need to do acquire the salt business property to accomplish its goal of implementing light rail project and handling TC&W freight traffic. Councilmember Mavity advised she spoke with Hopkins Councilmember Youakim who indicated Hopkins strongly supports the swap and making sure it happens because of the impact on the Blake Road station. Councilmember Spano suggested that Hopkins and St. Louis Park consider issuing a joint statement of support for the swap. Mr. Locke stated the total cost for this swap and the south connection is estimated at $65 million and this has raised questions as to its need. He then presented a diagram showing Louisiana station location with no CP swap and stated the SPO acknowledged that the station location is not conducive to ridership and this scenario would not produce significant development opportunities. He noted the $65 million is already in the base plan, and locating the Louisiana station at the switching wye, which would require acquisition of the salt business property and other actions, would require an additional $18-$20 million. Mr. Harmening advised that the CMC will be meeting on Wednesday and updates will be provided to Council. 3. Deer Management Policy Ms. Walsh presented the staff report and policy question for Council consideration. Councilmember Santa stated the bottom line policy question is whether the Cultural Carrying Capacity (CCC) has changed after the unfortunate incident last year and indicated she did not City Council Meeting of October 7, 2013 (Item No. 3a) Page 4 Title: Study Session Minutes of September 9, 2013 want to do anything outside the Nature Center and preferred to wait and see if the CCC changes and then make a decision. Councilmember Ross stated she was in favor of leaving the deer management policy as is and did not want to change the policy. Councilmember Spano indicated he previously requested some clarity on the mechanics of implementing this policy, including information about the use of frangible ammunition, use of the Police Department versus use of contractors, as well as the potential use of bow and arrow to manage the deer population. He stated he was not comfortable shooting deer in densely populated urban areas and preferred to stay out of these areas until the City can better articulate the mechanics of this issue. He added he agreed with continuing to remove deer at the Nature Center. Councilmember Mavity stated her strong opposition to the discharge of firearms in densely populated urban areas and indicated she had less strong feelings about deer removal at the Nature Center. She questioned the utility of the numbers contained in the staff report given the deer population in Minneapolis and Golden Valley. She added she felt the City could do a better job in educating residents about deer tolerant plants and shrubs. Councilmember Sanger felt the City should leave the current deer management policy as is and stated she was in favor of continuing deer removal consistent with DNR principles. She stated she would like Council to further consider the question of using the Police Department to implement the policy rather than hiring contractors. She added that providing notice at the beginning of the season should be sufficient and anything more specific was unrealistic. Councilmembers Santa and Ross agreed. Councilmember Mavity pointed out the current policy is not to shoot deer because Council put the policy on hold earlier in the year. She stated she would support a policy in which the City would not remove deer in public or private areas other than the Nature Center. Councilmember Sanger requested confirmation that there is currently no deer contraceptive that is effective and useful in Minnesota. Ms. Walsh replied that some states are testing deer contraceptives but as of right now this is not an option in Minnesota. Councilmember Hallfin agreed the City has a deer problem and stated the unfortunate incident created a much bigger issue and to that end, he felt the deer management policy should be changed back to the original program that allows deer removal only at the Nature Center. Mayor Jacobs stated the City has been successful in removing deer from the Nature Center and stated he was not in favor of taking deer out of the Lake Forest neighborhood. Councilmember Spano stated he was in favor of suspending the policy adding he was not opposed to taking deer but was opposed to the unsafe circumstances experienced last season and wanted to have additional information from staff addressing his earlier requests before making a decision. City Council Meeting of October 7, 2013 (Item No. 3a) Page 5 Title: Study Session Minutes of September 9, 2013 Councilmember Mavity felt that the better question for Council is whether the deer management policy is effective given the deer population in neighboring communities and whether the City’s policy is going to have a substantial impact on managing the deer population. It was the consensus of the majority of the City Council to suspend the current deer management policy for the 2013-2014 season with the understanding that deer removal efforts can take place at the Nature Center if needed using the same procedures utilized in the past. 4. Public Right of Way – Ownership, Maintenance, and Replacement Policy Ms. Walsh presented the staff report. Councilmember Ross felt it would be helpful to have a clear policy in place and stated one of the issues that residents have raised has to do with responsibility for water main repairs. Ms. Walsh indicated the City currently has a policy regarding responsibility for repairs to the water line from a home to the street. Councilmember Hallfin asked if the City has a permitting process for underground sprinklers and invisible fencing. Mr. Sullivan replied the City requires that residents obtain a permit for these items but residents usually do not adhere to this policy. He added the permit fee is $125 and the resident must sign agreements noting that the City has the right to remove these items at any time. He added this policy has been in place for approximately ten years. Councilmember Hallfin noted it would be helpful to get the date of that policy because of grandfathering issues for residents who installed these items prior to the effective date. Mr. Sullivan agreed to provide this information and added the City Code dictates what can be in the right of way. Councilmember Sanger agreed that a draft policy should be prepared for Council review and requested that the policy address who is responsible for maintaining the right of way as well as who bears what cost. She indicated she wanted to understand who owns the right of way and to the extent the City owns a right of way, she also wanted to understand the City’s justification for charging people for work done on City-owned land or in requiring people to maintain City- owned land. She noted the width of a right of way varies considerably and questioned how the City could have a consistent policy; in addition, the City has certain things in the right of way that are always maintained by the City, e.g., fire hydrants or street lights, and there are other things the City requires the homeowner to maintain, e.g., sidewalks or trees in the right of way. Councilmember Mavity stated her immediate concern relates to the sidewalk plan and the message she heard from residents and staff was that residents would be made whole if a sidewalk is installed on their property and was concerned that all the money and work that residents have put into their properties is torn up to install a sidewalk and it does not appear the homeowner will be made whole. City Council Meeting of October 7, 2013 (Item No. 3a) Page 6 Title: Study Session Minutes of September 9, 2013 Councilmember Santa stated that residents do not know what is or is not in the right of way or who owns what and she would like to get some sense of where the right of way is located. Councilmember Mavity felt that trying to give direction to staff right now on a right of way policy feels overwhelming and without urgency given the many significant projects going on in the City. It was the consensus of the majority of the City Council to direct staff to prepare a comprehensive right of way management policy for Council review. Communications/Meeting Check-In (Verbal) Councilmember Mavity requested that Council have a study session discussion about design guidelines or planning guidelines for the area on the south side of Excelsior Boulevard. Mr. Harmening indicated the City’s plan by neighborhood section of the Comprehensive Plan includes the need to do some design guidelines and planning for this area and what the City wants to see happen between the commercial and residential area. He added the City plans to have someone provide assistance with this work during 2014. The meeting adjourned at 8:49 p.m. Written Reports provided and documented for recording purposes only: 5. Community Development Initiative Process (CDI) – Wooddale Station Area ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: October 7, 2013 Minutes: 3b UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA SEPTEMBER 16, 2013 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Steve Hallfin, Anne Mavity, Susan Sanger, Sue Santa, and Jake Spano. Councilmembers absent: Julia Ross. Staff present: City Manager (Mr. Harmening), Deputy City Manager/Director of Human Resources (Ms. Deno), City Attorney (Mr. Scott), Director of Community Development (Mr. Locke), Director of Engineering (Ms. Heiser), Planning/Zoning Supervisor (Ms. McMonigal), Senior Engineering Project Manager (Mr. Sullivan), Assistant Zoning Administrator (Mr. Morrison), Environmental Coordinator (Mr. Vaughan), and Recording Secretary (Ms. Hughes). 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. 2013 Evergreen Awards Mayor Jacobs presented the 2013 Evergreen Awards to Susan Czapiewski and Kevin Sundquist (4910 W. 27th Street) and to Wendy and Patrick Skinner (3336 Huntington Avenue South) and congratulated this year’s award winners. 3. Approval of Minutes 3a. Study Session Meeting Minutes August 12, 2013 Councilmember Mavity requested that the sixth paragraph on page 7 be revised to read “Councilmember Mavity stated the Beltline discussion needs to include dealing with the Nordic Ware truck issue and making sure the City has a clear vision for the traffic issues for Beltline regardless of what happens with light rail.” Councilmember Santa requested that the final paragraph on page 1 be revised to read “Councilmember Santa suggested that the City schedule an open house at Lenox to address any questions or concerns regarding the recycling program by seniors.” Councilmember Spano requested that a paragraph be inserted between the seventh and eighth paragraphs on page 4 that states, “Councilmember Spano felt that the City’s primary responsibility was to ensure that TIF notes were paid off and that it was not the City’s responsibility to engineer a specific mix of restaurants in the development.” City Council Meeting of October 7, 2013 (Item No. 3b) Page 2 Title: City Council Meeting Minutes of Septemb er 16, 2013 The minutes were approved as amended. 3b. Study Session Meeting Minutes August 26, 2013 The minutes were approved as presented. 3c. City Council Meeting September 3, 2013 The minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Reappoint the following commissioners as a city representative to their respective commissions with terms as follows: Name Commission Term Expiration Richard Webb Housing Authority 6/30/2018 Tyler Dixon Planning Commission – Youth Member 8/31/2014 4b. Approve for filing Telecommunication Commission Meeting Minutes May 22, 2013 4c. Approve for filing Fire Civil Service Commission Meeting Minutes June 7, 2013 4d. Approve for filing Vendor Claims 4e. Approve for filing Housing Authority Minutes August 14, 2013 Councilmember Spano requested that Consent Calendar item #4a be removed and placed on the Regular Agenda. It was moved by Councilmember Mavity, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar as amended to move Consent Calendar item 4a to the Regular Agenda as item 8c; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Ross absent). 5. Boards and Commissions - None 6. Public Hearings 6a. First Reading of Council Salaries Ordinance and Economic Development Authority Compensation Resolution. Resolution No. 13-135. City Council Meeting of October 7, 2013 (Item No. 3b) Page 3 Title: City Council Meeting Minutes of Septemb er 16, 2013 Ms. Deno presented the staff report. She stated that any increase in salaries for the Mayor and City Council would be effective on January 1, 2014. She noted the last time Council took action with respect to salaries was in 2010 when Council decreased the Mayor, City Council, and EDA salaries by 5% due to budget concerns. She presented the information showing 2014 proposed change for Mayor, Councilmembers, and EDA salaries is a 2% increase. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. Councilmember Sanger pointed out that the proposed 2% increase is consistent with the 2014 salary increase for City employees and she felt the increase was fair. It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to approve First Reading of Ordinance Setting Salaries for the Mayor and Councilmembers and to set Second Reading for September 23, 2013, and to adopt Resolution No. 13-135 amending the Compensation of the Commissioners of the Economic Development Authority. Councilmember Spano asked if the salary comparison information for other metro area suburbs includes combined salary information for the Mayor, Council, and EDA, or whether the data includes only Mayor and Council salary information. Ms. Deno replied that some of the information includes salaries for the Mayor, Council, and EDA, and some of the information does not include EDA salaries, adding she could provide further information before the Second Reading if desired. She noted that the salary information for St. Louis Park lists Mayor and Council salaries separately as well as Mayor and Council salaries with EDA. Councilmember Santa stated she was opposed to the increase, adding the increase is approximately $200 per year, which is less than $5 per week, and the pay itself is more of a stipend and does not reflect any connection to actual work done. Councilmember Spano stated he would be voting against the increase, adding he felt that Council needed to remain sensitive to the proposed increase in the 2014 property tax levy and overall budget. He added he would be interested in exploring the idea of having the Charter Commission or some other committee provide advice to Council on this issue. The motion passed 4-2 (Councilmembers Santa and Spano opposed; Councilmember Ross absent). 6b. Appeal of Board of Zoning Appeals Decision – Variances at 4701 Excelsior Boulevard. Resolution No. 13-136 Mr. Morrison presented the staff report and explained that Elion Acquisitions (Elion) is proposing to construct a 7,000 square foot retail building at 4701 Excelsior Boulevard and has requested a 1.0’ variance to the 25’ drive aisle width and a 10’ variance to the required 15’ side yard abutting the street. He noted the purpose of the side yard variance is to address an unintentional irregularity in the Zoning Ordinance that states the shorter of the two lot lines adjacent to the streets is the front lot line and in this case, Natchez City Council Meeting of October 7, 2013 (Item No. 3b) Page 4 Title: City Council Meeting Minutes of Septemb er 16, 2013 Avenue is the front lot line and Excelsior Boulevard is the side yard. He stated the property is impacted by circumstances beyond the owner’s control and the variance request is consistent with other similar uses. He explained that the initial plan was discussed at a neighborhood meeting and concerns were raised including parking lot noise, screening along the south property line, impact to trees, only one access to the parking lot, traffic volume increase, parking in the neighborhood, and lighting; as a result, the applicant submitted a revised plan to the Board of Zoning Appeals (BOZA) that reduced the building to 7,000 square feet with 29 parking stalls, replaced the 42” fence with an 8’ masonry wall, and showed two driveway access points including a right- in only off Excelsior Boulevard. He advised the plan was revised following the BOZA meeting to include 28 parking spaces, the addition of a landscape island along the south property line, the masonry wall has been increased to 9’, and the applicant has agreed to plant trees on the other side of the property. He added that in order to address pedestrian movement along Natchez, the applicant has also agreed to extend the sidewalk across the driveway apron to better define pedestrian movements. He stated that the applicant will use downcast LED lighting attached to the screening wall and building and there will be no light spillover. He presented several drawings of the proposed building and explained that the variance to the side yard would provide sufficient space to allow the applicant to construct the masonry wall and the variance to the setback along Excelsior Boulevard would allow for the parking lot to be located behind the building. He indicated that according to the national average, a gas station with eight pumps would generate about 1,300 trips per weekday as opposed to 290 trips per day generated by a 7,000 square foot retail building. He stated the variance request is consistent with new development on Excelsior Boulevard and presented several pictures of existing buildings on the south side of Excelsior Boulevard, adding that thirteen of these buildings are oriented toward the street and the subject property is the only one with the front oriented on the side street. He indicated the variance request is also consistent with the Park Commons Concept Plan’s livable community goals. Mayor Jacobs opened the public hearing. Ms. Hillary Stewart, 4712 Vallacher Avenue, stated she lives directly behind the BP gas station and requested that Council table action on this variance request. She stated she was concerned about her property value going down and also was concerned about the quality of life for her and the residents of Minikahda Vista. She stated she understood the importance of this parcel and was not against development, but requested that Council take a step back to let the residents of Minikahda Vista have further conversations with the architect. She felt the whole process was rushed and they did not have enough time to go over some additional drawings based on the concerns of residents. She reiterated her request to consider tabling this for a few more weeks so they can have more constructive conversations and to address concerns about the amount of traffic in this area. Mr. Jon Schaefer, 3913 Lynn Avenue, stated the redevelopment presented concerns for all of the Minikahda Vista residents. He stated he went to the 3800 and 3900 block of Lynn Avenue to get signatures for the petition that states they want their voices heard regarding redevelopment of the south side of Excelsior Boulevard and every person signed the petition. He stated they are not anti business but they want to get it right and want their voices heard, adding he supported the request to table this matter. City Council Meeting of October 7, 2013 (Item No. 3b) Page 5 Title: City Council Meeting Minutes of Septemb er 16, 2013 Mr. Alan Floyd, 3400 Glenhurst, stated he offered to speak regarding his experience living near a development with parking in the rear and indicated he lives close to the Ellipse. He stated they have experienced numerous problems including noise from snowplowing in the middle of the night, noise from parking lot maintenance at 1:00 a.m. on more than one occasion, and light intrusion because promised plantings were not installed, adding there has been a recent move to address the planting issue. He felt it was important to maintain neighborhoods in St. Louis Park and supported his neighbors in their request for additional time to consider this project and to get it right. Ms. Lyn Wik, 3965 Quentin Avenue S., thanked Council for listening and stated that Excelsior Boulevard is a seven-lane road in many places, which means it will not be pleasant to walk along. She stated this is about establishing guidelines for the future and felt if guidelines had been developed in 2001 when they asked for them, maybe the concerns with this project would not be an issue. She asked that Council vote to table this variance request and give the architects and residents more time to develop a creative alternative that is pleasing to everyone. Ms. Erica Gibbons, 4724 Vallacher Avenue, stated she shares a property line with the commercial business and has been involved in these discussions. She stated she was aware of the City’s vision to push buildings to the front but was not sure that this makes sense for the south side of Excelsior Boulevard. She stated the north side has a walkability factor and there is room for trees that adds an extra buffer but this will not be part of the current proposal. She stated their neighborhood has expressed numerous concerns and felt these issues could be worked out with the architect through proper planning. She questioned why they have not seen a proposal placing the building at the back of the lot and felt this was a viable option that would alleviate most concerns and would not require a variance. She felt this new development would set the tone for how the rest of the south side would be developed and asked Council to table its decision to allow the residents to work with the architect and explore an alternative design acceptable to all parties and to make sure this is done right. Mr. Patrick Skinner, 3336 Huntington Avenue, stated he did not support this proposal given the angst he was hearing from neighbors about the impact and he felt that that angst would carry over to the next project. He felt there was a way to make this project happen without the minimized setback and he asked the developer and the City to further consider this. He stated his bigger concern related to the fact that this project has the potential to set a precedent for future projects and it was important to make sure that zoning is developed across the City in a thoughtful manner that creates comprehensive predictability where variances are granted only in extreme hardship or extreme impracticability. He stated if this variance request is granted, the City will have the same fight on the same topics with the same people on every future project and urged Council to take a step back and to develop design guidelines for the whole corridor that sets expectations for future projects. He added he was hopeful that Council would pause and give serious consideration to developing guidelines for all of Excelsior Boulevard. Ms. Maura Howard, 4815 Vallacher Avenue, stated they are excited to see new development and they appreciate Council’s willingness to listen, but the residents of Minikahda Vista were brought in late to this process and she felt that with more time they could come up with the best possible scenario for all projects along the south side of City Council Meeting of October 7, 2013 (Item No. 3b) Page 6 Title: City Council Meeting Minutes of Septemb er 16, 2013 Excelsior Boulevard. She stated she located a 2001 memo that talks about the need for mechanisms whereby residents have control over development over small sectors and she asked that Council table this decision to provide more time to get this right for the health and vibrancy of their community. Mr. Paul Jennings, 3925 Joppa Avenue S., stated his belief that this would not be the last appeal heard by the City regarding the south side of Excelsior Boulevard. He indicated the developer did not identify how many trees would be chopped down for the parking lot and this will result in loss of privacy for those on Vallacher Avenue. He stated they went through a design guideline process for Wooddale Flats, the Ellipse, and Methodist, and did not understand why the City has not developed design guidelines for this area. Mr. Steve Buffington, 3800 Huntington Avenue S., spoke in favor of tabling the variance request. He stated he would like the City to follow-up on the request of the neighbors to have a say in what happens along the south side of Excelsior Boulevard, adding the City does have a precedent for developing design guidelines. He stated the south side of Excelsior Boulevard is different than the north side because the lots are shallower and back up to a residential area and there is a potential for excessive light and traffic. He expressed concern about the traffic generated by this proposal and how that traffic will compete with the residents on Natchez. Ms. Claudia Johnston-Madison, 3931 Joppa Avenue S., thanked Council for listening to the residents and requested that Council table this matter for the same reasons cited earlier. She stated that residents have asked in the past what was going to happen to the south side of Excelsior Boulevard and the City has previously indicated that it had not yet been decided what would happen with the south side. She urged Council to table this matter and to give the residents a month to work with the developer and architect. She then presented a petition to the City Council for inclusion in the record. Mr. Dean Dovolis, DJR Architecture, Inc., 333 Washington Avenue N., Minneapolis, stated there has been a lot of thoughtful discussion between the neighbors and City staff and it falls on the architect to sort out all of the opinions, concepts, etc., from the community, the developer, and the City and to come up with the best plan, including the City’s desire to transform Excelsior Boulevard from a strip commercial street into more of a commercial center with a pedestrian environment. He indicated that they could put the building in the back but from the City’s standpoint, this would set a precedent that would waste all of the City’s past efforts for this area. He indicated there have been three neighborhood meetings with a lot of discussion about the direction for Excelsior Boulevard and they have revised their plans by scaling back the square footage on the building, reducing the height of the building, moving the location for the trash, building a 9’ masonry wall, lowering the lighting, and adding trees. He stated it comes down to a future vision for this street and he felt that placement of the building in the front continues the City’s vision for this area. He indicated his preference that Council not table this item and to vote one way or the other on the variance, adding he would continue to work with the neighborhood. Mayor Jacobs closed the public hearing. Councilmember Mavity thanked all the residents who have been involved in this process and thanked City staff for their assistance in the overall process. She felt this project City Council Meeting of October 7, 2013 (Item No. 3b) Page 7 Title: City Council Meeting Minutes of Septemb er 16, 2013 represented an impetus to initiate a design guidelines process for the south side of Excelsior Boulevard and requested confirmation that the City will undertake this effort. Mr. Harmening confirmed that the Excelsior Boulevard design guideline process would begin in early 2014. Councilmember Mavity stated the developer has worked with residents on their questions about landscaping, trees, lighting, etc., but questioned whether the only answer to getting this right would be to have the building oriented toward the back instead of the front. She did not feel it made sense to delay action on this matter, adding this matter is before Council because of a peculiarity in the City’s Ordinance and she asked if this variance would be needed if that peculiarity did not exist in the City’s Ordinance. Mr. Morrison replied that if this property had a 5’ setback on Excelsior Boulevard the matter would not be before the City Council. Councilmember Mavity formally requested that staff bring back to Council a fix for this irregularity in the Zoning Ordinance. Councilmember Sanger agreed with the need to develop design guidelines for the south side of Excelsior Boulevard. She indicated the Park Commons Concept Plan addressed some of the issues and requested that the City revise its definitions of front and side yard. She stated the developer has indicated a willingness to construct a 9’ wall that is more than required and asked if there was any way to tweak the design to provide more buffers or perhaps save more of the trees. Mr. Dovolis stated the plan has been tweaked as much as possible to make it viable retail, adding he was willing to continue to meet with the residents. Councilmember Hallfin asked if it was possible to move the three utility junction boxes to another location to make access for a different driveway location. Mr. Morrison replied the utility boxes could be moved but at considerable expense for a project this size. He added even if the utility boxes were moved, the developer still has to contend with the 50’ setback from the intersection. Councilmember Spano stated there was a lot of give and take in dealing with Methodist Hospital’s expansion of their property and he felt that a lot of the same issues were being raised as part of this project related to landscaping, lighting, and fencing. He felt the architect was doing all he could to develop this property on the front side, which is the direction the City is heading as it relates to the south side of Excelsior Boulevard. Councilmember Santa requested confirmation that the issue before Council was to either uphold or deny the decision made by BOZA and that the other issues, while equally important, could be dealt with outside of this decision. Mr. Scott replied that this was correct and stated Council is deciding the two variance requests which BOZA decided and which have been appealed to the City Council. He added that Council also has the authority to impose conditions to the variance, e.g., a condition on a particular site plan being presented this evening. City Council Meeting of October 7, 2013 (Item No. 3b) Page 8 Title: City Council Meeting Minutes of Septemb er 16, 2013 Councilmember Mavity stated she did not want to put conditions on anything that could constrain future conversations between the neighbors and the developer that might improve the site plan; at the same time, she wanted to make sure that any landscaping that was discussed and promised was included in the final design. Mr. Scott suggested that Council condition its approval of the variance upon the site plan as presented in the staff report. It was moved by Councilmember Mavity, seconded by Councilmember Santa, to adopt Resolution No. 13-136 Upholding the Board of Zoning Appeals’ Decision and Approving a Variance to Allow a 5.0 Foot Side Yard Abutting the Street and a 24 Foot Parking Lot Drive Aisle Width for Property Located at 4701 Excelsior Boulevard with the conditions that the property be developed in accordance with the site plan and lighting plan presented to the Council and with the conditions that the masonry wall along the south property line be nine feet tall, the sidewalk along Natchez extend across the driveway and that the developer work with the neighbors to plant additional trees on their property. Councilmember Mavity requested that Council’s action also include direction to staff to address the Zoning Code irregularity as soon as possible as well as directing staff to make sure the design guideline process moves forward in a timely fashion. Councilmember Santa agreed with Councilmember Mavity’s amendment to the motion. The motion passed 6-0 (Councilmember Ross absent). 6c. Public Hearing First Reading of Ordinance Amending Xcel Franchise Ordinance 6d. Public Hearing First Reading of Ordinance Extending CenterPoint Energy (CPE) Franchise Ordinance Mr. Harmening presented the staff reports for agenda items 6c and 6d to extend the Xcel and CPE franchise ordinances through December 31, 2015. He advised there were no other changes to the ordinances, except that Xcel has agreed to include a provision to allow the City to charge permit fees for work done by Xcel, adding that CPE currently allows the City to charge permit fees for this work. Mayor Jacobs opened the public hearing. No speakers were present. Mayor Jacobs closed the public hearing. Councilmember Mavity stated that Council recently discussed several issues with Xcel about possible hot spots in the City that are experiencing more frequent power outages than the norm and asked if Xcel has provided any follow-up to the City. Mr. Harmening replied staff has contacted Xcel and Xcel has stated they will review and discuss these issues, adding there are other cities interested in addressing the same issues. City Council Meeting of October 7, 2013 (Item No. 3b) Page 9 Title: City Council Meeting Minutes of Septemb er 16, 2013 It was moved by Councilmember Hallfin, seconded by Councilmember Spano, to approve First Reading of Ordinance Amending St. Louis Park City Code Section 9-610 Relating to Permit Fees and Section 9-603 Extending the Term of the Northern States Power Company Franchise and to set Second Reading for September 23, 2013. The motion passed 6-0 (Councilmember Ross absent). It was moved by Councilmember Hallfin, seconded by Councilmember Spano, to approve First Reading of Ordinance Amending St. Louis Park City Ordinance No. 2236-03 Extending the Term of the CenterPoint Energy Minnegasco Franchise and to set Second Reading for September 23, 2013. The motion passed 6-0 (Councilmember Ross absent). 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Major Amendment to Knollwood Mall Planned Unit Development (PUD). Resolution No. 13-138. Mr. Morrison presented the staff report and explained that Rouse Properties (Rouse) proposes to demolish 92,500 square feet of the existing mall, construct 25,000 square feet of new junior box retail spaces, renovate 71,400 square feet of existing mall area, construct an 11,500 square foot retail building, renovate existing parking areas and construct additional parking, as well as storm water improvements to the site. He presented a diagram of the construction area and outlined the proposed changes to the site, including parking and docking areas, and stated that parking on the site will be better defined by landscape islands that will more clearly define the drive aisles on the site. He stated the proposal also includes pedestrian connections to 36th Street and the addition of a sidewalk segment along 36th Street. He stated the applicant has submitted a plan to address storm water on the site that includes a dry pond to address and handle runoff from the eight acres included in the proposal and the second phase includes replacement of the dry pond and installation of in-ground tanks at some point in the future. He stated Minnehaha Creek Watershed District (MCWD) has presented an opportunity to address storm water in this area and is willing to contribute financially to a regional pond to treat an additional 125-150 acres to the north and east, noting this plan will take some time to develop but the applicant has expressed a willingness to work with MCWD on this plan. He explained that the current proposal is for a two-phase fallback plan that handles the storm water on site; if at some point the regional offsite plan works and the parties agree, that plan would then come back as a major amendment to the PUD. He further explained that if the offsite pond does not work, there is still a possibility to treat regionally the storm water onsite by expanding the in ground tanks to treat the additional 150 acres. He discussed the parking and traffic flow issues and also discussed the landscaping and streetscaping options, including pocket parks with seating areas and public art. He advised that the 11,500 square foot building on the south side will house the Panera restaurant and will include a drive-thru, adding this will not impact traffic on the site and no modifications are required under the PUD for this drive-thru. He also discussed the City Council Meeting of October 7, 2013 (Item No. 3b) Page 10 Title: City Council Meeting Minutes of Septemb er 16, 2013 public plazas and pedestrian walkways, pedestrian scale lighting that will help define the drive lanes and pedestrian walkways and advised that the required minimum parking of 2,059 spaces has been met with 2,175 spaces being proposed. He reviewed the architectural materials that include glass, stone, brick, and stucco, adding there is a possibility that some of the elevations along the front may change as tenants are announced but staff will ensure that all City Code requirements are met prior to issuance of building permits. He then introduced Mr. Kevin Connell, Vice President of Development and Construction for Rouse Properties. Councilmember Santa asked if the plaza outside of the area designated for Applebee’s is for the general public or whether it will be for outside dining at Applebee’s. She also asked about what the view will be for residents to the north looking at the mall. Mr. Morrison replied that Applebee’s has indicated it is not interested in outdoor seating at this time. He noted that all of the plaza area is private property. He explained there are a number of trees along 36th Street and there is a possibility that some of those trees will be lost when the sidewalk is installed. He added there would still be some lights on the back of the building. Councilmember Santa requested information about the storm water improvements and stated she wanted to make sure that the storm water is dealt with appropriately. She requested clarification that Rouse is not being asked to fund storm water retention for the 100+ acres around their site and is required to fund only their storm water improvements. Mr. Morrison advised the proposal is for installation of a regional pond whether onsite or offsite that brings in 125 acres in addition to Knollwood’s 37 acres and confirmed that Rouse would only be required to pay for storm water improvements to their 37 acres. Mr. Kevin Connell, Rouse Properties, advised that Rouse has a portfolio of 32 regional shopping centers and has approximately 22 million square feet of retail space under management. He stated Knollwood meets their criteria as a priority redevelopment and they are targeting anchor or junior anchor type retailers with a goal to execute phase 1 of the redevelopment on this eight-acre portion, to remerchandise the shopping center with preferred retailers, to add new retail and food service opportunities, and to invigorate the overall mall. He stated they are investing significant capital that will boost construction spending in the area, as well as increase both short term and long term employment, and they have gained significant momentum with retail prospects interested in a redeveloped property, but they must act timely to retain existing tenants as well as capture new tenants, adding they hope to initiate work in 2013 and to be in a position to start core demolition by March 2014. He stated they are not opposed to the addition of the north sidewalk and they have discussed moving the sidewalk to reduce the number of trees to be removed and they will continue to work with City staff on that issue. He stated the storm water management plan includes an on-site dry pond to accommodate the eight- acre redevelopment project and Rouse feels this meets the technical requirements of the PUD for storm water treatment as well as the new requirements for ten year storm events, adding it was their preference to defer construction of that until some other options are vetted out including the off-site solution. He stated they disagree with the City’s interpretation of the 2004 PUD amendment that requires Rouse to execute a full-site solution in two phases by October 2017, stating it was their contention that they are City Council Meeting of October 7, 2013 (Item No. 3b) Page 11 Title: City Council Meeting Minutes of Septemb er 16, 2013 redeveloping an eight-acre tract thus satisfying the on-site drainage solution for that eight acres. He added Rouse will address the storm water issues with other projects on the site but cannot be obligated to a $4 million obligation at this time because it would result in an infeasible project; in addition, they are executing a project that has a thin margin and as a publicly traded trust, they are not allowed by policy to report those costs until they have an approved project, so at this point they are not able to convey that specific information until the Board has approved it. He noted they have offered to put up escrow of two times the anticipated cost of the pond to allow them to move forward as they vet out other solutions, but a $4 million obligation dramatically compromises the project. Councilmember Sanger expressed concerns about the storm water and was disappointed to hear that Rouse feels it does not have to come into compliance with the environmental requirements of the PUD. She stated the 2004 PUD put Knollwood Mall on notice that it would have to come into compliance with these requirements at the time of its next project, but Rouse only wants to comply partially at this point and is arguing that it cannot afford to put forth a standard letter of credit or other financial guarantee for the whole project. She stated when Rouse took over this property, it had clear notice that this property included a requirement to complete the storm water management for the entire site. She felt the City was correct to require full compliance with the environmental storm water conditions and to require Rouse to provide a letter of credit to make sure this will be completed within the next four years. Mr. Connell felt it was a matter of interpretation and reiterated Rouse’s argument that they are in compliance with the eight acres being redeveloped at this time. He stated they have a design solution for the eight acres and Rouse does not have a project at this time for the balance of the site and does not have a means to fund that significant incremental cost. He stated this project is in financial distress if it has a $4 million obligation for storm water improvements, reiterating they are not against the storm water improvements for the eight-acre area being redeveloped. He indicated they previously worked with staff on other uses for the site but they do not know the timing of those phases but Rouse understands the storm water requirements and Rouse will execute that work at that time, adding he did not know if Rouse will have projects to cover this within four years. Mr. Jim Tiggelaar, LHB Civil Engineers, approached the City Council and stated it is very typical to do redevelopment commensurate with storm water. He indicated in this case, Rouse is only developing eight acres of the 37-acre site so it is typical to only do storm water management for the eight acres. He added he felt the language of the 2004 PUD was subject to wide interpretation. Councilmember Santa stated that full storm water management on this site has been repeatedly deferred and without at least some sort of guarantee and end date, she feared the storm water management would be deferred again. Councilmember Mavity requested further information about the financial commitment offered by MCWD. Mr. Mike Hayman, MCWD, approached the City Council and stated MCWD has been forthcoming in offering a partnership, adding there is a large regional area that can be redirected on the site or off-site. He indicated that any financial commitment would have City Council Meeting of October 7, 2013 (Item No. 3b) Page 12 Title: City Council Meeting Minutes of Septemb er 16, 2013 to be worked out, including the possibility of fronting the private developer’s costs or a portion of costs for the regional treatment that was not required through the redevelopment process and that would be moved from the site. Mr. Scott clarified that the resolution with conditions as proposed provides for the first stage of storm water improvements, which is the dry pond, and the second phase within four years that requires Rouse to provide a plan for how to bring their site into compliance with the PUD. He stated if Rouse wants to go on their own and come in with a plan separate and apart from MCWD, that would be fine, and the City is in no way, shape, or form requiring Rouse to enter into any sort of agreement with MCWD. He stated it was his understanding that working with MCWD was the most efficient and cost effective way for Rouse to do an on-site underground system, but Rouse is not required to work with MCWD and Council approval is not conditioned on any agreement with MCWD. Councilmember Sanger asked if Rouse would need to come in with a plan and construct the second phase of the storm water treatment by October 2017. Mr. Scott replied that this was correct and stated Rouse would need to construct the second phase by October 2017 and provide a letter of credit to the City to make sure the second phase is constructed. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to adopt Resolution No. 13-138 amending and restating Resolution No. 04-054 adopted April 19, 2004, Granting an Amendment to an Existing Planned Unit Development for a Shopping Center over 200,000 Square Feet with a Grocery Story Under Section 36-367 of the St. Louis Park Ordinance Code Relating to Zoning for Property Zoned C-2 General Commercial for Property Located at 8332 State Highway No. 7. Mr. Connell requested clarification about what the letter of credit would need to entail. He also expressed concern about the timeline for completing these improvements because it could take 12-18 months to vet out the off-site solution. Mr. Scott advised that the letter of credit would include the amount of the estimated cost of completing the phase 2 storm water improvements to bring the 37-acre site into compliance. He stated if Rouse can reach agreement with MCWD then the letter of credit should include Rouse’s share of the cost of these improvements. The motion passed 6-0 (Councilmember Ross absent). 8b. Preliminary/Final Plat – Auto Motion Carwash Addition (3901/3921 Excelsior Blvd.). Resolution No. 13-137. Mr. Morrison presented the staff report and explained this application is a continuation from a previous meeting for the Auto Motion Carwash Addition to combine two properties at 3901/3921 Excelsior Boulevard. He stated that Council previously approved a CUP to modify the existing gas station by adding a car wash with conditions and pointed out that approval of the plat must be completed before the end of 2013 and a building permit for the car wash issued before the end of 2013. He presented the site plan City Council Meeting of October 7, 2013 (Item No. 3b) Page 13 Title: City Council Meeting Minutes of Septemb er 16, 2013 and stated that Council directed staff in July to review compliance of the property and staff inspected the property on five occasions and no violations were noted. Mr. Peter Crema, 8912 Windsor Terrace, Brooklyn Park, appeared before the City Council on behalf of the applicant, Alberto Properties, LLC, and stated his client recently submitted a letter to City staff indicating his desire to be a good citizen and to invest in the City by putting $1.4 million into his project and requesting that his project be approved. Councilmember Mavity stated the City has had several challenges in the past on certain properties owned by the applicant even though there were no violations on this property. She stated it was her understanding that the City has a complaint against the applicant for a number of violations that include things related to his Auto Motion business and asked if these violations have been resolved. She added at this point, it appears there are eight separate violations, each of which carry a $1,000 fine or jail time. She also asked how these potential fines might impact the applicant’s ability to complete this project. Mr. Crema stated there has been a complaint issued by the City related to parking that has not yet been resolved and a second appearance is scheduled in October. He advised that the proposal for this plat is going to ameliorate these types of fines for violations because 70% of the applicant’s parking spaces are going to go away; in addition, there was a tenant in the building who will no longer be a tenant. Councilmember Mavity noted the applicant chopped down a mature tree on City land and there was another violation on this property of improper signage in the City right-of-way. Mr. Bertomeu stated he was not aware the signage was a violation and stated it would not happen again. Councilmember Mavity asked if Council was allowed to factor into its decision such things as the applicant’s “F” rating with the Better Business Bureau. Mr. Scott advised that Council should not factor this into its decision on this matter. Mr. Bertomeu stated he sells about 500 cars per year through his three dealerships, of which 496 customers are happy and the ones who are complaining are going to the Better Business Bureau. He stated that someone who worked for him chopped down the tree on City land. Councilmember Mavity urged Mr. Bertomeu to make sure to follow the City Code in the future, even if there is a disagreement about the Code. It was moved by Councilmember Santa, seconded by Councilmember Spano, to adopt Resolution No. 13-137 Giving Approval for Preliminary and Final Plat of Auto Motion Carwash Addition. Councilmember Sanger stated she would not support this, adding she did not support it from the beginning because she felt that the car wash was too close to residential property and the City should not permit spot zoning. City Council Meeting of October 7, 2013 (Item No. 3b) Page 14 Title: City Council Meeting Minutes of Septemb er 16, 2013 The motion passed 4-2 (Councilmembers Sanger and Mavity opposed; Councilmember Ross absent). 8c. Reappointment of Commissioners (from Consent Calendar). Councilmember Spano stated there are youth commissioner openings on the Human Rights Commission, Parks and Recreation Advisory Commission, Police Advisory Commission, and Telecommunications Advisory Commission and asked what the City is doing in terms of outreach to public and private schools, youth groups, etc., to encourage youth members to apply for these commissions. Mr. Harmening stated that the City conducts its usual advertising as well as outreach with the public schools to inform them of these opportunities to serve as a youth member on the City’s Boards and Commissions. He stated the City also works with Karen Atkinson through Children First and agreed the City could be more robust in its outreach, including outreach to the private schools. It was moved by Councilmember Spano, seconded by Councilmember Sanger, to reappoint the following commissioners as a City representative to their respective commissions with terms as follows: Name Commission Term Expiration Richard Webb Housing Authority 6/30/2018 Tyler Dixon Planning Commission – Youth Member 8/31/2014 The motion passed 6-0 (Councilmember Ross absent). 9. Communications None. 10. Adjournment The meeting adjourned at 10:50 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: October 7, 2013 Minutes: 3c UNOFFICIAL MINUTES SPECIAL CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA SEPTEMBER 23, 2013 1. Call to Order Mayor Pro Tem Sanger called the meeting to order at 6:30 p.m. Councilmembers present: Mayor Pro Tem Susan Sanger, Steve Hallfin, Anne Mavity, Julia Ross, Sue Santa, and Jake Spano. Councilmembers absent: Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), Deputy City Manager/Director of Human Resources (Ms. Deno), and Recording Secretary (Ms. Hughes). 1a. Pledge of Allegiance 2. Resolutions, Ordinances, Motions and Discussion Items 2a. Second Reading of Ordinance Amending Xcel Franchise Ordinance. Ordinance No. 2446-13. Mr. Harmening presented the staff report. Councilmember Mavity stated that Council presented several questions to Xcel during the meeting with Xcel representatives and she wanted to make sure that Xcel is held accountable and owes the City a response. It was moved by Councilmember Mavity, seconded by Councilmember Spano, to approve Second Reading and adopt Ordinance No. 2446-13 Amending St. Louis Park City Code Section 9-610 Relating to Permit Fees and Section 9-603 Extending the Term of the Northern States Power Company Franchise. The motion passed 6-0 (Mayor Jacobs absent). 2b. Second Reading of Ordinance Extending CenterPoint Energy (CPE) Franchise Ordinance. Ordinance No. 2447-13. Mr. Harmening presented the staff report. It was moved by Councilmember Mavity, seconded by Councilmember Spano, to approve Second Reading and adopt Ordinance No. 2447-13 Amending St. Louis Park City Ordinance No. 2236-03 Extending the Term of the CenterPoint Energy Minnegasco Franchise. The motion passed 6-0 (Mayor Jacobs absent). City Council Meeting of October 7, 2013 (Item No. 3c) Page 2 Title: Special City Council Minutes of September 23, 2013 2c. Second Reading of Council Salaries Ordinance. Ms. Deno presented the staff report. It was moved by Councilmember Mavity, seconded by Councilmember Hallfin, to approve Second Reading and adopt Ordinance Setting Salaries for the Mayor and Councilmembers. The motion failed 3-3 (Councilmembers Ross, Santa, and Spano opposed; Mayor Jacobs absent). Councilmember Spano acknowledged the will of the City Council to increase the salaries by 2% and stated he would be willing to change his vote so that the Ordinance is approved. Mr. Harmening stated this might require a motion to reconsider and agreed to review the procedures with the City Attorney and report back to Council on the process that would need to take place if the Council desires to reconsider. Councilmember Mavity noted the annual increase amounts to approximately $200 and she supported the increase because she wanted to make sure future Councils are compensated for their time, particularly since the salaries were reduced for 2010 and have not been increased since then. Mayor Pro Tem Sanger agreed and stated it will only be harder for future Councils to catch up if this Council does not pass something now. Ms. Deno stated that the 2% increase for EDA President and Commissioners for 2014 is in place since it was adopted by Council at the last meeting on September 16, 2013 by Resolution No. 13-135. Councilmember Ross agreed that the $200 annual increase was not significant but did not feel their salaries should be increased given the City’s increased taxes and fees and the fact that there are still a lot of people who are struggling in this economy. Communications Mayor Pro Tem Sanger announced that STEP would be holding a fundraiser on Friday, September 27th, with a bridge tournament. Councilmember Santa announced a joint fundraiser with the St. Louis Park Public Schools Foundation and STEP on Saturday, October 5th, as part of Parktoberfest. She stated tickets are $100 with $30 going to STEP and $30 going to the Foundation. 3. Adjournment The meeting adjourned at 6:40 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Susan Sanger, Mayor Pro Tem Meeting: City Council Meeting Date: October 7, 2013 Consent Agenda Item: 4a EXECUTIVE SUMMARY TITLE: 2014 – 2017 Renewal of Auditor Contract with HLB Tautges Redpath, LTD RECOMMENDED ACTION: Motion to Adopt Resolution approving a contract with HLB Tautges Redpath, LTD for 2014 auditing services and also to authorize the City Manager to enter into extensions through the 2017 audit. POLICY CONSIDERATION: Does the City Council wish to proceed with the contract extension for auditing services with HLB Tautges Redpath, LTD for 2014 - 2017? SUMMARY: In December 2010, the City Council approved a contract for auditing services for fiscal year 2010 with three option years after that with HLB Tautges Redpath, LTD. Staff has been extremely satisfied with the high quality work, integrity, professionalism and industry knowledge displayed by Tautges during the last three audit years. In addition, staff meets quarterly with Tautges to discuss City business and opportunities to partner together to achieve results. Some examples are creating a smooth transition plan for the consolidation of the Park and Recreation Fund into the General Fund as required after the reorganization, and staff worked with both Tautges and Hennepin County to obtain more detailed information related to property taxes, including working with the County as they implement a new property tax hardware and software system over the next few years. Finally, they have helped us with efficiencies in general with the audit process. FINANCIAL OR BUDGET CONSIDERATION: Costs for 2014 – 2017 services by HLB Tautges Redpath, LTD are shown below: Service 2014 2015 2016 2017 Total Financial Audit $43,500 $44,400 $45,300 $46,200 $179,400 CAFR Preparation 8,500 8,700 8,900 9,100 35,200 Single Audit 3,900 4,000 4,100 4,200 16,200 New Client Discount (1,500) (1,000) (500) - (3,000) Total $54,400 $56,100 $57,800 $59,500 $227,800 The single audit fee will only be assessed if the City is required to have a single audit for that year. A single audit is required if the City expends $500,000 or more of Federal assistance. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Resolution Prepared by: Brian A. Swanson, Controller Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of October 7, 2013 (Item No. 4a) Page 2 Title: 2014-2017 Renewal of Auditor Contract with HLB Tautges Redpath, LTD DISCUSSION BACKGROUND: On December 20, 2010, Council approved contracting for auditing services with HLB Tautges Redpath, LTD. This was based on an RFP and receipt of seven proposals from CPA firms. After review of information and interviews, Council made the decision to hire a new auditing firm, HLB Tautges Redpath LTD, to conduct the audit for the year 2010 and also approve the contract for auditing services through auditing fiscal year 2013. Proposals were also received for single audits which are required if the City expends $500,000 or more of Federal assistance. The current contract with HLB Tautges Redpath, LTD includes auditing services for the 2013 financial year and will be $52,700, not including single audit. Funds for this service are budgeted in the general fund. Original contract amounts: Service 2010 2011 2012 2013 Total Financial Audit $40,000 $40,800 $41,700 $42,600 $165,100 CAFR Preparation 8,000 8,100 8,200 8,300 32,600 Single Audit 3,500 3,600 3,700 3,800 14,600 New Client Discount (6,500) (5,000) (3,500) (2,000) (17,000) Total $45,000 $47,500 $50,100 $52,700 $195,300 2014 – 2017 Auditing Services On September 23, 2013, staff provided an informational report to Council summarizing audit contracting services and recommending continuing services with HLB Tautges Redpath, LTD in 2014 with options for continuation through 2017 audit. As discussed in the Council report, the work done by this firm has been very thorough and they have provided opportunities to advance some financial systems for the City. HLB Tautges Redpath, LTD has also been an excellent source for problem solving of unique financial situations as well as a source of education for staff. HLB Tautges Redpath, LTD provides timely information to Council along with high quality informational sessions, allowing for answering questions with Council. Below are the fees for audit services for years 2014 through 2017. Staff is recommending approval of HLB Tautges Redpath, LTD for auditing services for 2014 and authorizing the City Manager to approve the auditing service contract for 2015 - 2017. Continued contract rates: Service 2014 2015 2016 2017 Total Financial Audit $43,500 $44,400 $45,300 $46,200 $179,400 CAFR Preparation 8,500 8,700 8,900 9,100 35,200 Single Audit 3,900 4,000 4,100 4,200 16,200 New Client Discount (1,500) (1,000) (500) - (3,000) Total $54,400 $56,100 $57,800 $59,500 $227,800 City Council Meeting of October 7, 2013 (Item No. 4a) Page 3 Title: 2014-2017 Renewal of Auditor Contract with HLB Tautges Redpath, LTD RESOLUTION NO. 13-____ RESOLUTION APPROVING AGREEMENT WITH HLB TAUTGES REDPATH, LTD FOR AUDITING SERVICES FOR 2014 AND AUTHORIZING THE CITY MANAGER TO APPROVE EXTENSIONS THROUGH 2017 WHEREAS, the City Council originally contracted with HLB Tautges Redpath, LTD for auditing services from 2010 through 2013; and WHEREAS, the City has been extremely satisfied with the high quality work, integrity, professionalism and industry knowledge in their work; and WHEREAS, the City Council desires to continue with a contract with HLB Tautges Redpath, LTC to continue auditing services for 2014 with options for extension through 2017; NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park that a contract extension for auditing services with HLB Tautges Redpath, LTD is approved as follows: • 2014 auditing services are hereby approved. • Single audit services for 2014 would also be conducted as required. • City Council authorizes the City Manager to approve extensions of the auditing services contract through the 2017 audit year, including single audit services as needed. • Contract may be discontinued by either party with a 60 day notice. Reviewed for Administration: Adopted by the City Council October 7, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: October 7, 2013 Consent Agenda Item: 4b EXECUTIVE SUMMARY TITLE: Amended Lease Agreement with Mn/DOT for Webster Park RECOMMENDED ACTION: Motion to Adopt Resolution Authorizing Execution of a Renewed Lease with the State of Minnesota Department of Transportation (Mn/DOT) for Webster Park. POLICY CONSIDERATION: Does the City Council wish to continue this lease with Mn/DOT? SUMMARY: For the last 42 years the City of St. Louis Park has operated and maintained a public park facility, Webster Park, located on Webster Avenue and West 33rd Street. A portion of this park area is property owned by the Mn/DOT. The State continues to offer a no cost lease to the City in return for maintenance and upkeep of the property. Mn/DOT drafted Amendment No. 7, a two-year lease that will expire on November 30, 2015. The City will be able to renew the lease at that time. This amendment is consistent with the terms and conditions of previous lease agreements. The prior lease was for two years. FINANCIAL OR BUDGET CONSIDERATION: Funds for maintenance of this park are already included in the Park and Recreation Department budget. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Resolution Prepared by: Stacy Voelker, Administrative Secretary Reviewed by: Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of October 7, 2013 (Item No. 4b) Page 2 Title: Amended Lease Agreement with Mn/DOT for Webster Park RESOLUTION NO. 13-____ RESOLUTION AUTHORIZING EXECUTION OF A RENEWED LEASE WITH THE STATE OF MINNESOTA WHEREAS, the State of Minnesota, Department of Transportation, is the fee owner of a vacant land parcel on the northwest quadrant of the junction of T.H. 7 and T. H. 100 within the City of St. Louis Park; and WHEREAS, the City of St. Louis Park, under the terms and conditions of lease agreements with the State of Minnesota, has operated and maintained a public park facility on this site for several years; and WHEREAS, the State of Minnesota is offering to renew a lease with the City of St. Louis Park which would allow the City to continue operation and maintenance of a public park on this site through November 30, 2015; and WHEREAS, the State of Minnesota has, in past years, allowed the City to maintain the property in lieu of rent. NOW, THEREFORE, BE IT RESOLVED by the St. Louis Park City Council that the continued lease of this property for public park use is in the best interest of the citizens of St. Louis Park, and that the Mayor and City Manager are hereby authorized to execute said lease. Reviewed for St. Louis Park: Adopted by the City Council October 7, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: October 7, 2013 Consent Agenda Item: 4c EXECUTIVE SUMMARY TITLE: Accept Monetary Donations to Westwood Hills Nature Center RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of a monetary donation from Esther Knops in the amount of $827.47, Paula Pendleton in the amount of $50, and St. Louis Park Golden Kiwanis in the amount of $100 for Westwood Hills Nature Center. POLICY CONSIDERATION: Does the City Council wish to accept these gifts with restrictions on their use? SUMMARY: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. Esther Knops graciously donated $827.47 to Westwood Hills Nature Center. The donation is given with the restriction that it be used at Westwood Hills Nature Center for a memorial bench in memory of her husband Werner Knops. Paula Pendleton graciously donated $50 to Westwood Hills Nature Center in memory of Richard Stuck. The donation is given with the restriction that it be used for Westwood Hills Nature Center Programs. Golden Kiwanis graciously donated $100 to Westwood Hills Nature Center. The donation is given with the restriction that it be used for Westwood Hills Nature Center Programs. FINANCIAL OR BUDGET CONSIDERATION: These donations will be used for a memorial bench and programming at Westwood Hills Nature Center. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Resolution Prepared by: Stacy M. Voelker, Administrative Secretary Mark Oestreich, Westwood Hills Nature Center Manager Reviewed by: Cindy Walsh, Director of Operations & Recreation Approved by: Tom Harmening, City Manager City Council Meeting of October 7, 2013 (Item No. 4c) Page 2 Title: Accept Monetary Donations to Westwood Hills Nature Center RESOLUTION NO. 13-____ RESOLUTION APPROVING ACCEPTANCE OF DONATION IN THE AMOUNT OF $827.47 FROM ESTHER KNOPS TO BE USED AT WESTWOOD HILLS NATURE CENTER FOR A MEMORIAL BENCH IN MEMORY OF WERNER KNOPS AND APPROVING ACCEPTANCE OF DONATION IN THE AMOUNT OF $50 FROM PAULA PENDLETON TO BE USED FOR WESTWOOD HILLS NATURE CENTER PROGRAMS AND APPROVING ACCEPTANCE OF DONATION IN THE AMOUNT OF $100 FROM GOLDEN KIWANIS TO BE USED FOR WESTWOOD HILLS NATURE CENTER PROGRAMS WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, Esther Knops donated $827.47, Paula Pendleton donated $50, and St. Louis Park Golden Kiwanis donated $100; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gifts are hereby accepted with thanks to Esther Knops, Paula Pendleton and St. Louis Park Golden Kiwanis with the understanding that they must be used at Westwood Hills Nature Center for a memorial bench in memory of Werner Knops and Nature Center programs. Reviewed for Administration Adopted by the City Council October 7, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: October 7, 2013 Consent Agenda Item: 4d OFFICIAL MINUTES OF AUGUST 22, 2013 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals conducted a meeting on August 22, 2013, at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota - Council Chambers. Members Present: Susan Bloyer, James Gainsley, Justin Kaufman, Paul Roberts, Henry Solmer Members Absent: None Staff Present: Gary Morrison, Assistant Zoning Administrator Nancy Sells, Administrative Secretary 1. CALL TO ORDER – ROLL CALL Chair Bloyer called the meeting to order at 6:00 p.m. 2. APPROVAL OF MINUTES OF JUNE 27, 2013 Commissioner Gainsley made a motion to approve the minutes of June 27, 2013. The motion passed on a vote of 5-0. 3. CONSENT AGENDA: None 4. PUBLIC HEARINGS A. Variance: Sideyard Setback and Drive Lane Width Location: 4701 Excelsior Boulevard Applicant: Elion Acquisitions Case No.: 13-30-VAR Gary Morrison, Assistant Zoning Administrator, presented the staff report. The applicant is proposing to redevelop the existing BP fuel station by removing the fuel station and constructing a new three tenant retail building. Variances are requested to allow the new building to be 5.0 feet from the property line along Excelsior Blvd. A 24 foot drive aisle instead of the required 25 feet is requested to provide an additional one foot of green space between the proposed parking lot and the south property line, which is adjacent to single family residential properties. Mr. Morrison spoke about the corner lot designation regarding front and side yard. Mr. Morrison said the intent is to put the parking lot behind the building and keep the building up front. That will help with traffic. The parking lot will be accessed in the same spot as existing access along Natchez Ave. He said a fuel station with 8 fuel pumps generates approximately 1300 trips per week day according to national averages. An City Council Meeting of October 7, 2013 (Item No. 4d) Page 2 Title: Board of Zoning Appeals Meeting Minutes August 22, 2013 8,000 sq. ft. retail building generates about 340 trips per week day according to national averages, not taking into account tenants and tenant change. He stated that if the parking lot was in front with access to Natchez, the utility boxes would have to be moved at considerable expense. The city requires 50 ft. setback for driveway entrances from the intersection of any major street, so the drive aisle to the parking lot would not be conducive to a parking lot located in this area. It cuts too much to the south. Mr. Morrison said the 5 ft. setback allows the construction of 14 additional parking spaces. If the building met the 15 ft. setback it would have to be shifted to the south which would affect a row of parking. He discussed the creation of walkable streets on Excelsior Blvd. with recent development and 5 ft. setbacks. Mr. Morrison spoke about the neighborhood meeting which was held Aug. 20th. He reviewed the concerns raised at the meeting. The biggest concern relates to the placement of the building. Concerns related to placement of the building include parking lot noise, truck deliveries, garbage pick-up and screening along the south property line. There were concerns about additional traffic onto Natchez Ave. with one access to the property. Traffic volume, parking in the neighborhood, and lighting were also raised as concerns. Mr. Morrison explained that since the neighborhood meeting the applicant has revised their drawings. Many of the neighborhood concerns have been incorporated into the plan. The revision includes a right-in only access on Excelsior Blvd. In order to accommodate this, the second and third tenant space has been reconfigured. The outdoor patio area was eliminated. An 8 ft. masonry wall is proposed to be constructed along the south property line, planted with vines, for a visual and sound barrier. Elevations of the building have also changed slightly. The second story has been removed, with the architectural detail maintained at the intersection of Excelsior and Natchez. Mr. Morrison stated that staff recommends approval of the two variances. He reviewed the findings of criteria for granting the variances. Chair Bloyer opened the public hearing. Dean Dovalis, DJR Architecture, said they chose to go through the variance process because of overall urban design and the nature of the street. They thought it was important to anchor the corner and create a future pedestrian environment as Excelsior Blvd. enhances and improves over time. He stated that they gave up about 1,000 sq. ft. to accomplish the new design. Hillary Stewart, 4712 Vallacher Ave., said she bought her home in 2000 because there are so many positive things about the community. She stated that the fuel station has hardly any traffic so does not reflect the national traffic averages for this kind of use. She distributed a photograph taken from her kitchen window which shows the feeder route flow of traffic from the Minikahda Vista community which is constant flow of joggers; moms, strollers, and small kids 20 ft in front of mom; woman in a wheelchair; and elderly with canes. She said even with a second entrance on Exc. Blvd., there will be accidents as pedestrians and bikers go to Starbucks or Wolfe Park. Ms. Stewart stated she is concerned about truck traffic and noise with three separate property owners and doesn’t City Council Meeting of October 7, 2013 (Item No. 4d) Page 3 Title: Board of Zoning Appeals Meeting Minutes August 22, 2013 believe the wall will be an effective sound barrier. She said she walks to Starbucks daily and can attest to the current pedestrian traffic and existing traffic and street parking at Natchez. She spoke about problems existing at Excelsior Blvd. and Natchez to get into the right hand turn lane. Drivers often pull halfway into the crosswalk. Ms. Stewart said she doubted that customers and employees will all park in the lot. The employees will probably be encouraged to park on Vallacher. She spoke about trucks coming down Natchez to make deliveries to Jennings Liquor. She said trucks do a 3-point turn to make their deliveries. To avoid the 3-point turn they drive the big beer trucks down Vallacher Ave. and into Natchez. She will lose trees, have increased noise, and decreased property value. She is also concerned about kids in the neighborhood. She spoke about the congestion that will occur with truck deliveries and garbage pick-up for the new development and Jennings Liquor. Ms. Stewart summarized by saying she understands change will happen but she is very concerned about noise. She would propose the building is moved to the back of the property. She suggested adding more green space, reduce the amount of tenants, and reduce the amount of parking space. She said the revised plan is a start but it can be much better. Chair Bloyer asked Ms. Stewart what kind of use she was envisioning at the site. Ms. Stewart responded she wouldn’t mind seeing one tenant or a bakery with normal business hours, a law office, an office use with normal business hours hours, 1 to 2 stories. She added that she doesn’t have a problem with the building itself but the way it is situated for her property and for all of Minikahda Vista. Erica Gibbons, 4724 Vallacher Ave., said she is very concerned about the hours of fast food or pizza delivery going beyond midnight. She spoke about the problem in the parking lot of car doors slamming, horns beeping, employees taking breaks and talking on their cellphones and smoking, and privacy for residents. Ms. Gibbons asked the resident who lives behind Jennings Liquor about any noise problems. That resident told her that the delivery trucks, plows, and garbage trucks had an inconsistent schedule and were always very loud. Ms. Gibbons said her overall concern is comparing the line of sight with Exc. & Grand and Ellipse. The properties can’t be compared to the proposal on the south side. The subject lot is more shallow and abuts directly to residential. She’s very concerned about the differing visions that the City and the neighborhood have of the south side of Excelsior Blvd. and the Minikahda Vista neighborhood. She asked if all parking will move back on the south side of Excelsior Blvd. and create traffic flow concerns in and around those buildings. She said there has not been enough vision and planning for this entire site. The older properties will start selling in the next few years and she believes a consistent vision is needed for each building that will be developed. The neighborhood is not envisioning that all the buildings will now go to the front. Ms. Gibbons said she felt there is a lack of communication between the neighborhood and the City. She said she is asking for more transparency between the City, neighborhood and for the City to take into consideration the concerns of the neighborhood now and in future planning. City Council Meeting of October 7, 2013 (Item No. 4d) Page 4 Title: Board of Zoning Appeals Meeting Minutes August 22, 2013 Betsy Baker, 3905 Kipling Ave. S., said her house is not particularly affected by the development. She is very sympathetic to what the homeowners are feeling but said she wants to speak in favor of the proposal. She said she was part of the neighborhood association from about 1998 – 2004. She said she thinks having the building in front will be much more appealing to look at long term. Especially if it becomes precedent setting, she would not want a sea of asphalt parking lots down Excelsior Blvd. when there are the beginnings of good things going on the north side of Excelsior Blvd. She said the architect of the proposed development does have experience listening to the neighbors of Minikahda Oaks and Minikahda Vista neighborhoods with the Ellipse development. She said she felt a lot of neighborhood concerns were addressed in the proposed development. She stated that development is going to happen and if the current proposal was for an expanded fuel station and convenience store it might not have been as appealing as the current proposal. She commented that Natchez is the first street to the south of a major thoroughfare. She said she thinks a safe and appealing site can be accomplished within the parameters of the development. Ernie Feil, 3914 Ottawa Ave. S., said the 8 ft. wall in the back to help with sound, lights and noise is a good improvement to a 6 ft. fence, but it creates a hazard at the sidewalk. Mr. Morrison indicated that the wall would not extend all the way to the sidewalk. Mr. Feil commented that the zoning is commercial, but it is abutting residential and certain businesses, like coffee roasting, cause significant problems with neighbors. Other considerations have to be taken into consideration when commercial abuts residential. He suggested the business should be open no later than 10 p.m. He said he was concerned about noise of snow removal, deliveries, and traffic with a rear parking lot. He said he was concerned about snow storage and snow being moved to the residential area. He said he was concerned about the width of the driving lane and larger vehicles. Mr. Feil requested a condition for significant tree replacement for light and noise barrier. He spoke about concern of delivery vehicles. He noted that delivery vehicles currently can’t navigate the Jennings parking lot and do park in the street and he anticipated the same with the proposed development. He requested no loading zones on Natchez. Mr. Feil stated that change will come to the area, but said moving the building to the rear may better serve the residential area and the community. Chair Bloyer suggested residents meet with the Engineering Dept. staff about street problems which are occurring. Mr. Morrison added that he would present these concerns to the Engineering Dept. Steve Kramer, 3924 Ottawa Ave. S., stated that the proposal seems to be an ideal scenario compared to the expansion of a fuel station and convenience store that could have been constructed. He asked how to insure that the developer will comply with the 8 ft. concrete wall as it has been described with stucco and ivy. City Council Meeting of October 7, 2013 (Item No. 4d) Page 5 Title: Board of Zoning Appeals Meeting Minutes August 22, 2013 Mr. Morrison responded compliance is insured by clarification in the conditions for the variance. Later when building permit application is made to the Building Inspections Dept., Mr. Morrison reviews the permit for all conditions along with other zoning requirements. Certificate of Occupancy is not granted until everything is completed. Mr. Kramer asked the Board if they thought an 8 ft. wall was adequate. He asked if it should be 9 or 10 ft. Mr. Kramer said that aesthetically the type of design and the precedent for that corner and for Excelsior Blvd. could increase the value of the residential properties. He said he is amazed at how Minikahda Vista property values have maintained themselves in recent years. He commented that there is still much demand for people to move into the neighborhood. He said he would like to see buildings abut the sidewalk on the north side of Exc. Blvd. as well as the south side as long as noise and light can be mitigated for residents. Mr. Kramer spoke about a safety issue as pedestrians go down Natchez to go to Exc. & Grand. Sidewalk along the east side of Natchez, along Jennings Liquor, down to Vallacher would increase safety. Mr. Kramer suggested a right on green only sign as a safety measure. Jeremy Myrum, 4704 Vallacher Ave., said he just moved to Vallacher Ave. in April. One of their favorite features was having their lot backed up against the trees behind the fuel station. He said they appreciated not hearing anything and not having neighbors in the back. They understood that the fuel station was not doing very well and that change would come. He said they would not have purchased the home if they knew they would have a parking lot in the backyard. They are concerned about safety issues for children with increased traffic Chair Bloyer noted she had looked at the fence which is currently a buffer and she was horrified by its condition. Jon Schaefer, 3913 Lynn Ave., said he has lived in St. Louis Park since 1965 and has lived at 3913 Lynn with his family since 1968. He said the issues are safety, noise, light and urban beauty. This is the first proposal on the south side of Excelsior Blvd. and it is important. He added that St. Louis Park has always been kids first, neighborhoods, and citizens. The issues need to be balanced with urban renewal and improvements. Mr. Schaefer said all that was necessary was to put the building in the back and close off the entrance from Natchez Ave., eliminating the safety issue. Noise would be reduced with this buffer. Claudia Johnston-Madison, 3931 Joppa Ave., stated she is a 27 year resident, co-chair of the neighborhood association, and also a City Planning Commissioner. She stated the proposal has been a whirlwind for the neighborhood. The neighborhood heard a couple of months ago that Steve Wolfe was going to sell the property. Rumors were circulating about possible development. Ms. Johnston-Madison said she requested from city staff the proposed plans when they became available. She said residents and neighbors suddenly City Council Meeting of October 7, 2013 (Item No. 4d) Page 6 Title: Board of Zoning Appeals Meeting Minutes August 22, 2013 received a notice for the Board of Zoning Appeals meeting. There have been a lot of unanswered questions. She stated that staff did include a number of points from the neighborhood meeting in the presentation. Ms. Johnston-Madison reviewed the history of development along Excelsior Blvd. with Excelsior & Grand. She discussed neighborhood involvement in discussions of various proposals for the Al’s Bar site over the years. She discussed design guideline meetings which were held prior to the new Ellipse development at that site. The design guidelines for that site are part of the City’s Comprehensive Plan. Residents and business owners involved in the design guideline process felt a similar process should be conducted for the south side of Excelsior and never felt the south side was to mirror the north side of Excelsior Blvd. Ms. Johnston-Madison said it isn’t clear if the proposed building should be in the front or back of the lot. She stated the best course of action seems to be to table the issue for more discussion. The proposal will set the precedent for the south side of Excelsior. Blvd. A vision for the south side is needed. She said consensus hasn’t been reached because of the way this proposal was rushed. She suggested holding a couple more meetings with the developer and residents as there are unanswered questions. Rose Doherty, a 27-year-resident of 4968 W. 40th St., stated that she lives right behind the Chill and Grill at Miracle Mile. She has a fence that goes up to the Miracle Mile property. She stated that it is a regular occurrence for customers parked at the fence to eat their food and leave garbage and liquor bottles in the yard. She spoke about noise from deliveries, snow removal, and parking lot sweeping which regularly occurs after midnight. She said the 6 ft. fence and trees in her yard help to obscure the view, but the view is not obstructed from her porch. She commented that the south side of Excelsior Blvd. is different from the north side. The north side was designed for density. She suggested that a vision be created which can be followed for the south side. She recommended tabling the request and come up with some alternatives. Erica Gibbons, 4724 Vallacher Ave., distributed photographs of new construction at Hwy. 7 & Hopkins Crossroad, stating that the building and site is very similar to the proposal under discussion. Ernie Feil, 3914 Ottawa Ave. S., stated if the proposal was deemed to have a negative effect on residential property values, the City might be responsible for compensation to residents. Grant Worthen, 4620 Vallacher Ave., stated he has lived directly behind Jennings Liquor Store for eight years. He spoke about issues of snow plows, liquor trucks, garbage, and noise related to parking and traffic on the back side abutting his residential property. His property is about 50-75 ft. from the fuel station property and he anticipates additional noise if parking goes to the rear of the site. His preference is for the building to go to the back. He was concerned about retail parking spaces, anticipated daily trips, and employee parking. Mr. Worthen stated he doesn’t want cars parked on Vallacher Ave. He said that situation can decrease property values. He said the variance proposal seems rushed, would set a precedent, and he recommends more discussion. City Council Meeting of October 7, 2013 (Item No. 4d) Page 7 Title: Board of Zoning Appeals Meeting Minutes August 22, 2013 Sheldon Berg, applicant, spoke about the photographs provided of Hwy. 7 and Hopkins Crossroad. He noted that he is the developer of that project in Hopkins. He said it is the redevelopment of an industrial building and there were few choices in placement. He stated that the character of the adjoining neighborhood and streets are much different from the Excelsior Blvd. proposal. Dean Dovolis, architect, said they are not in favor of tabling the request. He said the debate has been very good. Over sixty people attended the neighborhood meeting. He said they were willing to continue working with the neighborhood going forward. He spoke about the construction timeline. Mr. Dovolis said they believe the variance is the right thing to do for the long term vision of St. Louis Park. Chair Bloyer closed the public hearing. Commissioner Gainsley stated he liked the plan and found it well thought out. He said it has been given a very significant airing. He said there may be issues that need to be taken up later, and he favors the variance request. Commissioner Solmer said as originally presented he had some concerns with delivery truck access and parking screening. He said the revised version does a good job addressing those issues. He said all things considered it is a good plan for redevelopment of this site. Commissioner Roberts asked what type of building could be built on the site without a variance. Mr. Morrison responded the C-1 district allows for a 3-story building. He discussed setbacks. He said the biggest limiting factor is parking and the parcels are small. Underground parking is cost prohibitive in most cases. Commissioner Roberts said he liked the plan and would be open to tabling the request for neighborhood input, but overall he said he supports the plan. Commissioner Kaufman said he struggles with the request. The neighborhood has concerns. The developer is responsible and trying to do the right thing. He said he understands there may be enforcement issues which create a cumulative effect in the neighborhood. Commissioner Kaufman said he could vote against the variance or vote to table the request to insure that mitigation efforts that would be appropriate if the building was at the front of the property could be addressed and be a condition of that variance. Chair Bloyer said she wasn’t sure if tabling the request would be that helpful. She stated that the developer has gone to great lengths in design and addressing concerns. She added that there isn’t a perfect solution and there will be growing pains. She suggested adding much more greenery for noise reduction. Commissioner Gainsley made a motion to adopt Resolution No. 03-13 approving a variance with the revised site plan to allow a 5.0 foot side yard abutting the street instead of the required 15 feet, and a 24 foot drive aisle instead of the required 25 feet. The motion was approved on vote of 4-1 (Kaufman opposed). City Council Meeting of October 7, 2013 (Item No. 4d) Page 8 Title: Board of Zoning Appeals Meeting Minutes August 22, 2013 Mr. Morrison read the statement regarding appeal to City Council. 5. UNFINISHED BUSINESS: None 6. NEW BUSINESS: None 7. COMMUNICATIONS: A Board of Zoning Appeals meeting will be held on Thursday, September 26th. 8. ADJOURN The meeting was adjourned at 7:55 p.m. Respectfully submitted, Nancy Sells Administrative Secretary Meeting: City Council Meeting Date: October 7, 2013 Consent Agenda Item: 4H EXECUTIVE SUMMARY TITLE: Vendor Claims RECOMMENDED ACTION: Motion to accept for filing Vendor Claims for the period September 7 through September 27, 2013. POLICY CONSIDERATION: Not applicable. SUMMARY: The Finance Department prepares this report on a monthly basis for Council’s review. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Vendor Claims Prepared by: Connie Neubeck, Account Clerk 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 1Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 557.89FABRICATIONOTHER IMPROVEMENT SUPPLIES3M 557.89 411.03PARK MAINTENANCE G & A SMALL TOOLSA-1 OUTDOOR POWER INC 411.03WESTWOOD G & A SMALL TOOLS 822.06 171.40NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESABELSON, SHARON 171.40 922.52UNINSURED LOSS G&A UNINSURED LOSSABRA MN ST LOUIS PARK 922.52 66.04REFORESTATION FUND OTHER CONTRACTUAL SERVICESABRAMSON, BETSY & DAVID 66.04 450.00MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICESACACIA ARCHITECTS LLC 450.00 182.41GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESACE SUPPLY CO 182.41 1,175.00SEWER UTILITY G&A OTHER CONTRACTUAL SERVICESACZ LABORATORIES INC 1,175.00 49.57OPERATIONSOPERATIONAL SUPPLIESAIRGAS NORTH CENTRAL 49.57 2,500.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSALLIANCE FOR INNOVATION 2,500.00 276.54SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESALLIED BLACKTOP 561.09PATCHING-PERMANENT OTHER IMPROVEMENT SUPPLIES 13,941.54-PAVEMENT MANAGEMENT B/S RETAINED PERCENTAGE 278,830.77CONSTRUCTION PAYMENTS OTHER CONTRACTUAL SERVICES 265,726.86 859.30UNINSURED LOSS G&A UNINSURED LOSSAMERICAN ENGINEERING TESTING I 859.30 78.71POLICE G & A TELEPHONEAMERICAN MESSAGING 78.71 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 2 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 2Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 780.00PREVENTATIVE MAINTENANCE EQUIPMENT MTCE SERVICEAMERICAN TEST CENTER INC 780.00 936.97GENERAL FUND BALANCE SHEET INVENTORYAMERICAN TIRE DISTRIBUTORS 936.97 1,287.41OPERATIONSRADIO COMMUNICATIONSANCOM TECHNICAL CENTER 1,287.41 35.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESANTONEN, MATT 35.00 470.68REC CENTER BUILDING GENERAL SUPPLIESAPACHE GROUP OF MINNESOTA 470.68 2,344.27GENERAL CUSTODIAL DUTIES OTHER CONTRACTUAL SERVICESARAMARK UNIFORM CORP ACCTS 2,344.27 10.00ENVIRONMENTAL G & A SUBSCRIPTIONS/MEMBERSHIPSARBOR DAY FOUNDATION 10.00 10,194.83GO BONDS-FIRE STATIONS G&A IMPROVEMENTS OTHER THAN BUILDIART PARTNERS GROUP 10,194.83 702.98OPERATIONSOPERATIONAL SUPPLIESASPEN MILLS 702.98 4,500.00ESCROWSPMC ESCROWASSET REALTY 4,500.00 125.01GENERAL FUND BALANCE SHEET INVENTORYASTLEFORD INTERNATIONAL 125.01 216.51CELLPHONES, IPADS, ETC.OFFICE EQUIPMENTAT&T MOBILITY 216.51 994.13FACILITIES MCTE G & A BUILDING MTCE SERVICEATIR ELECTRIC CORPORATION 994.13 250.00POLICE G & A TRAININGATOM 250.00 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 3 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 3Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 64.58PUBLIC WORKS OPS G & A CLEANING/WASTE REMOVAL SERVICEATOMIC RECYCLING 64.59SEWER UTILITY G&A CLEANING/WASTE REMOVAL SERVICE 258.33VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SERVICE 387.50 1,844.13WATER UTILITY G&A EQUIPMENT MTCE SERVICEAUTOMATIC SYSTEMS INC 1,844.13 25.63BEAUTIFICATION / FLOWERS LANDSCAPING MATERIALSBACHMAN'S PLYMOUTH 25.63 80.23REFORESTATION FUND OTHER CONTRACTUAL SERVICESBAKER, LOOE 80.23 3,250.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESBALLARD KING & ASSOCIATES LTD 3,250.00 2,885.50SOLID WASTE G&A GENERAL PROFESSIONAL SERVICESBARR ENGINEERING CO 2,885.50 90.00WATER UTILITY G&A CLEANING/WASTE REMOVAL SERVICEBARTON SAND & GRAVEL CO 150.00REFORESTATIONCLEANING/WASTE REMOVAL SERVICE 240.00 62.53REC CENTER/AQUATIC PARK SAL GENERAL SUPPLIESBATTERIES PLUS 62.53 68.21REFORESTATION FUND OTHER CONTRACTUAL SERVICESBENSON, JANET 68.21 440.22WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTATBERTHIAUME, BRUCE 183.06WATER UTILITY G&A MILEAGE-PERSONAL CAR 623.28 117.50OPERATIONSTRAININGBERUBE, BRIAN 117.50 264.98ORGANIZED REC G & A MILEAGE-PERSONAL CARBIRNO, RICK 264.98 18,291.98-CAPITAL REPLACEMENT B/S RETAINED PERCENTAGEBLACK & DEW LLC City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 4 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 4Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 365,839.18MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDI 347,547.20 947.81REILLY BUDGET OTHER CONTRACTUAL SERVICESBLOOMINGTON, CITY OF 947.81 87.62GENERAL FUND BALANCE SHEET INVENTORYBLUE TARP FINANCIAL INC 87.62 13,879.50ENGINEERING G & A GENERAL PROFESSIONAL SERVICESBOLTON & MENK INC 13,879.50 121.03POLICE G & A OPERATIONAL SUPPLIESBOUND TREE MEDICAL, LLC 121.03 185.65GENERAL FUND BALANCE SHEET INVENTORYBOYER TRUCK PARTS 185.65 100.00IT G & A TRAININGBROOKLYN CENTER, CITY OF 100.00 4,945.12SPEC ASSMT CONSTRUCTION OTHER CONTRACTUAL SERVICESBROWN, NATHAN 4,945.12 220.00INSPECTIONS G & A CERTIFICATE OF COMPLIANCEBRUESTLE, SHARON 220.00 47.47KICKBALLGENERAL SUPPLIESBSN SPORTS INC 47.47 117.50OPERATIONSTRAININGBUCKEL, KARI 117.50 275.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESBURNSTEIN, LARRY 275.00 741.00OPERATIONSRADIO COMMUNICATIONSCALHOUN TOWERS APTS 741.00 42.32TREE MAINTENANCE OTHER IMPROVEMENT SUPPLIESCAMDEN INDUSTRIAL SUPPLY 42.32 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 5 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 5Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 10,633.34ADMINISTRATION G & A LEGAL SERVICESCAMPBELL KNUTSON PROF ASSOC 160.00ENGINEERING G & A LEGAL SERVICES 32.00HOUSING REHAB G & A LEGAL SERVICES 384.00STREET CAPITAL PROJ G & A LEGAL SERVICES 896.00REILLY G & A LEGAL SERVICES 12,105.34 1.25ORGANIZED REC G & A INTEREST/FINANCE CHARGESCAPITAL ONE COMMERCIAL 64.48BRICK HOUSE (1324)GENERAL SUPPLIES 28.86SUMMER GRADE 6-8 GENERAL SUPPLIES 94.59 2,490.18IT G & A EQUIPMENT MTCE SERVICECARTRIDGE CARE 2,490.18 4,975.38TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTCDW GOVERNMENT INC 4,975.38 490.00CES Resid Energy Conservation OTHER CONTRACTUAL SERVICESCENTER ENERGY & ENVIRONMENT 490.00 791.67FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY 1,536.19WATER UTILITY G&A HEATING GAS 24.14REILLY G & A HEATING GAS 32.14SEWER UTILITY G&A ELECTRIC SERVICE 120.43SEWER UTILITY G&A HEATING GAS 1,024.00PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 315.92PARK MAINTENANCE G & A HEATING GAS 20.19WESTWOOD G & A HEATING GAS 36.34NATURALIST PROGRAMMER HEATING GAS 3,901.02 219.37FACILITY OPERATIONS HEATING GASCENTERPOINT ENERGY SERVICES IN 6,277.84ENTERPRISE G & A HEATING GAS 6,497.21 10,200.00EMPLOYEE FLEXIBLE SPENDING B/S OTHER RETIREMENTCENTRAL PENSION FUND 10,200.00 4,876.18PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESCENTRAL WOOD PRODUCTS 4,876.18 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 6 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 6Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 280.85CELLPHONES, IPADS, ETC.TELEPHONECENTURY LINK 280.85 1,000.00ESCROWSPMC ESCROWCHRISTIANSEN, ANN 1,000.00 122.00FACILITIES MCTE G & A GENERAL SUPPLIESCINTAS CORPORATION 274.00FACILITIES MCTE G & A OPERATIONAL SUPPLIES 872.02WATER UTILITY G&A OPERATIONAL SUPPLIES 340.50AQUATIC PARK BUDGET OTHER CONTRACTUAL SERVICES 444.40VEHICLE MAINTENANCE G&A OPERATIONAL SUPPLIES 2,052.92 80.20HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTCITIZENS INDEPENDENT BANK 369.85HUMAN RESOURCES RECOGNITION 279.91HUMAN RESOURCES MEETING EXPENSE 654.08COMM & MARKETING G & A SEMINARS/CONFERENCES/PRESENTAT 3.50ASSESSING G & A MEETING EXPENSE 209.00ASSESSING G & A LICENSES 41.15FINANCE G & A MEETING EXPENSE 350.00COMM DEV PLANNING G & A TRAINING 47.54CELLPHONES, IPADS, ETC.OFFICE EQUIPMENT 434.10ORGANIZED REC G & A TRAINING 2,800.00ADULT PROGRAMS GENERAL SUPPLIES 20.82PLAYGROUNDSGENERAL SUPPLIES 160.50PLAYGROUNDSOTHER CONTRACTUAL SERVICES 195.50SUMMER FIELDTRIPS OTHER CONTRACTUAL SERVICES 14.56ENVIRONMENTAL G & A OFFICE SUPPLIES 566.27REC CENTER BUILDING EQUIPMENT MTCE SERVICE 88.00ARENA MAINTENANCE LICENSES 96.00INSTRUCTIONAL SKATING LESSONS ADVERTISING 93.72AQUATIC PARK BUDGET GENERAL SUPPLIES 6,504.70 18,250.22-WATER UTILITY BALANCE SHEET RETAINED PERCENTAGECLASSIC PROTECTIVE COATINGS IN 365,004.36CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDI 346,754.14 641.40CONCESSIONSCONCESSION SUPPLIESCOCA-COLA BOTTLING CO 641.40 16,941.12ADMINISTRATION G & A LEGAL SERVICESCOLICH & ASSOCIATES City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 7 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 7Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 16,941.12 170.61IT G & A DATACOMMUNICATIONSCOMCAST 171.12WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 82.41SEWER UTILITY G&A OTHER CONTRACTUAL SERVICES 11.36BUILDING MAINTENANCE EQUIPMENT MTCE SERVICE 435.50 1,035.35SEALCOAT PREPARATION OTHER IMPROVEMENT SUPPLIESCOMMERCIAL ASPHALT COMPANY 1,035.35 479.65CE INSPECTION IMPROVEMENTS OTHER THAN BUILDICOMMISSIONER OF TRANSPORTATION 479.65 1,797.00MOVE-UP PROGRAM OTHER CONTRACTUAL SERVICESCOMMUNITY REINVESTMENT FUND 1,797.00 8,962.75GENERAL BUILDING MAINTENANCE OTHER CONTRACTUAL SERVICESCOVERALL OF THE TWIN CITIES 8,962.75 1,253.44DARE PROGRAM OPERATIONAL SUPPLIESCREATIVE PRODUCT SOURCING INC 1,253.44 16.49SUPPORT SERVICES G&A OFFICE SUPPLIESCROWN MARKING INC 16.49 191.43POLICE G & A SUBSISTENCE SUPPLIESCUB FOODS 191.43 1,276.04SEWER UTILITY G&A OTHER IMPROVEMENT SERVICECUES INC 1,276.04 11,880.29MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDICUMMINS NPOWER LLC 11,880.29 4.25-SSD 1 BALANCE SHEET DUE TO OTHER GOVTSCURBSIDE LANDSCAPE & IRRIGATIO 647.09SSD 1 G&A OTHER CONTRACTUAL SERVICES 642.84 484.50SOFTBALLOTHER CONTRACTUAL SERVICESCURRAN-MOORE, KIM 484.50 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 8 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 8Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 3,698.63SSD 1 G&A OTHER CONTRACTUAL SERVICESCUSTOM PRODUCTS & SERVICES 1,209.83SSD 2 G&A OTHER CONTRACTUAL SERVICES 440.86SSD 3 G&A OTHER CONTRACTUAL SERVICES 687.74SSD #4 G&A OTHER CONTRACTUAL SERVICES 529.03SSD #6 G&A OTHER CONTRACTUAL SERVICES 6,566.09 163.22REC CENTER/AQUATIC PARK SAL GENERAL SUPPLIESDALCO ENTERPRISES INC 1,482.87REC CENTER BUILDING GENERAL SUPPLIES 1,646.09 4,000.00EXCESS PUBLIC LAND OTHER CONTRACTUAL SERVICESDAY GROUP LLC 4,000.00 36.73GENERAL REPAIR EQUIPMENT MTCE SERVICEDEALER AUTOMOTIVE SERVICES INC 36.73 1,660.69GENERAL FUND BALANCE SHEET INVENTORYDEPARTMENT OF MOTOR VEHICLES 1,660.69 7,158.15INSPECTIONS G & A DUE TO OTHER GOVTSDEPT LABOR & INDUSTRY 7,158.15 262.48ENTERPRISE G & A ADVERTISINGDEX MEDIA EAST LLC 262.48 16.12GENERAL FUND BALANCE SHEET INVENTORYDIESEL COMPONENTS 16.12 453.80POLICE G & A SEMINARS/CONFERENCES/PRESENTATDILORENZO, KIRK 453.80 28.19ROUTINE MAINTENANCE OTHER IMPROVEMENT SUPPLIESDISCOUNT STEEL INC 28.19 2,026.06PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESDJ ELECTRIC SERVICES INC 26,013.00PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDI 2,402.62PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 1,500.00REC CENTER BUILDING BUILDING MTCE SERVICE 1,532.49ARENA MAINTENANCE EQUIPMENT MTCE SERVICE 33,474.17 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 9 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 9Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 708.47POSTAL SERVICES POSTAGEDO-GOOD.BIZ INC 7,031.13SOLID WASTE G&A POSTAGE 7,739.60 207.85ADMINISTRATION G & A LEGAL NOTICESECM PUBLISHERS INC 207.85 82.98REFORESTATION FUND OTHER CONTRACTUAL SERVICESEDWARDS, MARTI 82.98 3,411.03SYSTEM REPAIR OTHER CONTRACTUAL SERVICESEGAN COMPANIES INC 3,411.03 339.49NEIGHBORHOOD ASSOCIATION GRANT OTHER CONTRACTUAL SERVICESELIOT VIEW NEIGHBORHOOD ASSN 339.49 4,977.98GENERAL REPAIR EQUIPMENT MTCE SERVICEEMERGENCY APPARATUS MTNCE 4,977.98 9,452.06GENERAL FUND BALANCE SHEET INVENTORYEMERGENCY AUTOMOTIVE TECHNOLOG 9,452.06 239.54OPERATIONSOPERATIONAL SUPPLIESEMERGENCY MEDICAL PRODUCTS INC 239.54 450.00ADMINISTRATION G & A TRAININGEMPLOYEE STRATEGIES INC 450.00 37,400.23TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTESRI 37,400.23 66.15REC CENTER BUILDING MILEAGE-PERSONAL CAREVERS, ROBERT 66.15 5.23-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSEVIDENT CRIME SCENE PRODUCTS 81.23POLICE G & A OPERATIONAL SUPPLIES 76.00 434.17GENERAL FUND BALANCE SHEET INVENTORYFACTORY MOTOR PARTS CO 434.17 156.05REFORESTATION FUND OTHER CONTRACTUAL SERVICESFASHINGBAUER, CLAUDIA City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 10 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 10Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 156.05 37.96REC CENTER BUILDING GENERAL SUPPLIESFASTENAL COMPANY 37.96 98.30POLICE G & A POSTAGEFEDEX 98.30 239.06ICE RESURFACER MOTOR FUELSFERRELLGAS 239.06 4,263.00OPERATIONSGENERAL PROFESSIONAL SERVICESFIRE CATT LLC 4,263.00 2,436.58WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESFISCHER MINING LLC 2,436.58 403.45EMPLOYEE FLEX SPEND G&A GENERAL PROFESSIONAL SERVICESFLEX COMPENSATION INC 403.45 104.50WATER UTILITY G&A BUILDING MTCE SERVICEFLOYD TOTAL SECURITY 53.44REC CENTER BUILDING GENERAL SUPPLIES 157.94 2,572.02GENERAL BUILDING MAINTENANCE BUILDING MTCE SERVICEFORKLIFTS OF MN INC. 2,572.02 2,450.00ESCROWSPMC ESCROWFOURNIER, JAMES 2,450.00 10,000.00NEIGHBORHOOD PUBLIC ART OTHER CONTRACTUAL SERVICESFRIENDS OF THE ARTS 10,000.00 245.13PUBLIC WORKS G & A GENERAL SUPPLIESG S DIRECT 304.29ENGINEERING G & A GENERAL SUPPLIES 549.42 8,000.00ESCROWSPMC ESCROWGILLES & JACQUELINE NATH, ANDR 8,000.00 3,914.88EMPLOYEE FLEXIBLE SPENDING B/S LONG TERM CARE INSURGLTC PREMIUM PAYMENTS 3,914.88 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 11 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 11Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 90.08REFORESTATION FUND OTHER CONTRACTUAL SERVICESGOLDFARB, STEVEN 90.08 206.63GENERAL FUND BALANCE SHEET INVENTORYGOODIN COMPANY 206.63 1,211.05WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGOPHER STATE ONE-CALL INC 1,211.05 60.00ADMINISTRATION G & A MEETING EXPENSEGPRS 60.00 251.49WATER UTILITY G&A SMALL TOOLSGRAINGER INC, WW 251.49 1,006.42WIRING REPAIR OTHER CONTRACTUAL SERVICESGRANITE LEDGE ELECTRICAL CONTR 390.00UNINSURED LOSS G&A UNINSURED LOSS 1,396.42 692.52WEED CONTROL OTHER CONTRACTUAL SERVICESGREEN HORIZONS 692.52 3,455.00WATER UTILITY G&A OTHER IMPROVEMENT SERVICEGROTH SEWER & WATER 3,455.00 450.24EMPLOYEE FLEX SPEND G&A HEALTH INSURANCEGROUP HEALTH INC - WORKSITE 450.24 53.44-BEAUTIFICATION/LANDSCAPE OTHER IMPROVEMENT SUPPLIESHAAG COMPANIES INC 224.28PARK GROUNDS MAINTENANCE LANDSCAPING MATERIALS 170.84 816.00SOFTBALLOTHER CONTRACTUAL SERVICESHAMILTON, MIKE 816.00 109.02WATER UTILITY G&A GENERAL CUSTOMERSHARMON ESTATE, JOHN 109.02 10,327.04WATER UTILITY G&A OPERATIONAL SUPPLIESHAWKINS INC 352.15BUILDING MAINTENANCE GENERAL SUPPLIES 10,679.19 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 12 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 12Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 1,086.92PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESHCI CHEMTEC INC 1,086.92 330.40STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICEHEDBERG AGGREGATES 330.40 198.27WATER UTILITY G&A GENERAL CUSTOMERSHEITKAMP, ERWIN 198.27 140.00OPERATIONSTRAININGHENNEPIN COUNTY FIRE CHIEFS AS 140.00 2,273.70POLICE G & A EQUIPMENT MTCE SERVICEHENNEPIN COUNTY INFO TECH 899.53OPERATIONSRADIO COMMUNICATIONS 256.00OPERATIONSEMERGENCY PREPAREDNESS 3,429.23 2,568.00OPERATIONSTRAININGHENNEPIN COUNTY MEDICAL CENTER 2,568.00 534.38IT G & A COMPUTER SERVICESHENNEPIN COUNTY TREASURER 3,643.92POLICE G & A SUBSISTENCE SERVICE 287.39PARK MAINTENANCE G & A TRAINING 4,465.69 1,730.10OPERATIONSTRAININGHENNEPIN TECHNICAL COLLEGE 1,730.10 2,662.22GENERAL BUILDING MAINTENANCE OTHERHENRICKSEN PSG 1,807.45MUNICIPAL BLDG OTHER 4,469.67 512.40-EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSHISLOP, DANIEL 1,125.00SOFTBALLOTHER CONTRACTUAL SERVICES 612.60 2,452.50PUBLIC WORKS G & A GENERAL PROFESSIONAL SERVICESHOISINGTON KOEGLER GROUP INC 2,452.50 4,000.00ESCROWSPMC ESCROWHOLMES, MIKE 4,000.00 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 13 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 13Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 510.22GENERAL BUILDING MAINTENANCE GENERAL SUPPLIESHOME DEPOT CREDIT SERVICES 21.25ROUTINE MAINTENANCE EQUIPMENT PARTS 61.71ROUTINE MAINTENANCE BLDG/STRUCTURE SUPPLIES 44.86ROUTINE MAINTENANCE OTHER IMPROVEMENT SUPPLIES 20.16DAMAGE REPAIR OTHER IMPROVEMENT SUPPLIES 10.66RELAMPINGOTHER IMPROVEMENT SUPPLIES 49.83INSTALLATIONOTHER IMPROVEMENT SUPPLIES 35.38PAINTINGOTHER IMPROVEMENT SUPPLIES 191.89WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIES 9.05IRRIGATION MAINTENANCE GENERAL SUPPLIES 28.57PARK BUILDING MAINTENANCE GENERAL SUPPLIES 24.11TREE MAINTENANCE OTHER IMPROVEMENT SUPPLIES 60.83BEAUTIFICATION / FLOWERS OTHER IMPROVEMENT SUPPLIES 17.50REC CENTER BUILDING GENERAL SUPPLIES 1,086.02 139.55ASSESSING G & A MILEAGE-PERSONAL CARHOPPE, MARK 139.55 228.50SOFTBALLOTHER CONTRACTUAL SERVICESHOWES, JEFFREY 228.50 212.50VOLLEYBALLOTHER CONTRACTUAL SERVICESHOWES, JENNIFER 212.50 400.00VOLLEYBALLOTHER CONTRACTUAL SERVICESHOWES, JESSICA 400.00 151.50SOFTBALLOTHER CONTRACTUAL SERVICESHOWES, KRISTINE 151.50 47.20YOUTH PROGRAMS PROGRAM REVENUEHUNTLEY, DAVID 47.20 56.32REFORESTATION FUND OTHER CONTRACTUAL SERVICESHURD & WILLIAM SPECE, JUDITH 56.32 1,665.30EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESI.U.O.E. LOCAL NO 49 1,665.30 286.00HUMAN RESOURCES RECRUITMENTI/O SOLUTIONS INC City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 14 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 14Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 286.00 25.00INSTRUCTIONAL SKATING LESSONS OTHER CONTRACTUAL SERVICESICE SKATING INST AMERICA 25.00 475.00POLICE G & A OTHER CONTRACTUAL SERVICESIFP TEST SERVICES 475.00 525.91WATER UTILITY G&A POSTAGEIMPACT PROVEN SOLUTIONS 525.91SEWER UTILITY G&A POSTAGE 525.90SOLID WASTE COLLECTIONS POSTAGE 525.90STORM WATER UTILITY G&A POSTAGE 2,103.62 577.12PARK GROUNDS MAINTENANCE BLDG/STRUCTURE SUPPLIESINDEPENDENT BLACK DIRT CO 577.12 2,476.45IT G & A TELEPHONEINTEGRA TELECOM 2,476.45 334.03GENERAL FUND BALANCE SHEET INVENTORYINVER GROVE FORD 119.99GENERAL REPAIR EQUIPMENT MTCE SERVICE 454.02 379.00HUMAN RESOURCES SUBSCRIPTIONS/MEMBERSHIPSIPMA-HR 379.00 115,546.04GENERAL FUND BALANCE SHEET INVENTORYI-STATE TRUCK CENTER 115,546.04 273.42ADMINISTRATION G & A RENTAL EQUIPMENTJ & F REDDY RENTS 55.14PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIES 328.56 234.06OPERATIONSOPERATIONAL SUPPLIESJEFFERSON FIRE & SAFETY INC 234.06 371.44POLICE G & A OPERATIONAL SUPPLIESJENALEX COMPANY 371.44 24.03ROUTINE MAINTENANCE EQUIPMENT PARTSJERRY'S HARDWARE 25.52WATER UTILITY G&A GENERAL SUPPLIES City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 15 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 15Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 32.57PARK MAINTENANCE G & A GENERAL SUPPLIES 82.12 3,300.00SEWER UTILITY G&A OTHER IMPROVEMENT SERVICEJOE'S SEWER SERVICE INC 3,300.00 8.98IRRIGATION MAINTENANCE GENERAL SUPPLIESJOHN DEERE LANDSCAPES/LESCO 8.98 7,000.00ESCROWSPMC ESCROWJOHNSON, ETHAN 7,000.00 50.00VOLLEYBALLOTHER CONTRACTUAL SERVICESJOHNSON, SUSAN 100.00KICKBALLOTHER CONTRACTUAL SERVICES 150.00 310.00INSPECTIONS G & A ENVIRONMENTAL EMISSIONSJON'S AUTO REPAIR 310.00 39.95INSPECTIONS G & A SUBSCRIPTIONS/MEMBERSHIPSJOURNAL OF LIGHT CONSTRUCTION 39.95 79.36REFORESTATION FUND OTHER CONTRACTUAL SERVICESKALLEVIG, AUSTIN 79.36 867.00GO BONDS-FIRE STATIONS G&A OTHERKAY PARK-REC CORP 867.00 528.46EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSKELLER, JASMINE Z 528.46 75.00ADMINISTRATION G & A LEGAL SERVICESKENNEDY & GRAVEN 75.00 36.23TENNISOTHER CONTRACTUAL SERVICESKLAERS, SHANNON 36.23 3,650.00CE INSPECTION IMPROVEMENTS OTHER THAN BUILDIKLM ENGINEERING INC. 3,650.00 82.98REFORESTATION FUND OTHER CONTRACTUAL SERVICESKRAUSE, DOUGLAS & NANCY 82.98 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 16 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 16Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 4,535.88UNINSURED LOSS G&A UNINSURED LOSSKRECH, O'BRIEN, MUELLER & WASS 4,535.88 1,382.77ARENA MAINTENANCE GENERAL SUPPLIESKRISS PREMIUM PRODUCTS INC 1,382.77 1,048.09BLDG/GROUNDS OPS & MAINT BLDG/STRUCTURE SUPPLIESKRUGE-AIR INC 1,048.09 56.19FACILITIES MCTE G & A BLDG/STRUCTURE SUPPLIESLARSON, JH CO 56.19 2,295.00EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESLAW ENFORCEMENT LABOR SERVICES 2,295.00 102.73GENERAL REPAIR GENERAL SUPPLIESLAWSON PRODUCTS INC 102.73 25,614.00ADMINISTRATION G & A SUBSCRIPTIONS/MEMBERSHIPSLEAGUE OF MN CITIES 25,614.00 5,030.33UNINSURED LOSS G&A UNINSURED LOSSLEAGUE OF MN CITIES INSURANCE 5,030.33 172.50VEHICLE MAINTENANCE G&A CLEANING/WASTE REMOVAL SERVICELIBERTY TIRE RECYCLING LLC 172.50 77.22WESTWOOD G & A GENERAL SUPPLIESLINDOR, CJ 77.22 41,062.00IT G & A COMPUTER SERVICESLOGIS 20,966.40TECHNOLOGY REPLACEMENT OFFICE EQUIPMENT 62,028.40 2,908.47HUMAN RESOURCES RECOGNITIONLOOKOUT BAR & GRILL 2,908.47 95.29REFORESTATION FUND OTHER CONTRACTUAL SERVICESLORENTZ, SCOTT & JODI 95.29 150.00SOFTBALLOTHER CONTRACTUAL SERVICESLUCAS, ERIC City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 17 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 17Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 150.00 626.15ATHLETIC CAMPS OTHER CONTRACTUAL SERVICESLYNCH CAMPS, INC 626.15 1,387.00IT G & A TRAININGLYNDA.COM INC 1,387.00 22,268.05-SEWER UTILITY BALANCE SHEET RETAINED PERCENTAGEMAGNEY CONSTRUCTION INC 445,361.00CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDI 423,092.95 172.80ATHLETIC CAMPS OTHER CONTRACTUAL SERVICESMALONE, DANIEL 172.80 149.63SSD 1 G&A OTHER CONTRACTUAL SERVICESMAPLE CREST LANDSCAPE 149.63 50.00INSPECTIONS G & A MECHANICALMARSH HEATING & AIR CONDITIONI 50.00 113,072.49-STREET CAPITAL PROJ BAL SHEET RETAINED PERCENTAGEMCCROSSAN INC, C S 2,261,449.89CONSTRUCTION PAYMENTS IMPROVEMENTS OTHER THAN BUILDI 2,148,377.40 68.79REFORESTATION FUND OTHER CONTRACTUAL SERVICESMCQUILLAN, BARB 68.79 79.27WATER UTILITY G&A GENERAL SUPPLIESMENARDS 148.56PARK MAINTENANCE G & A GENERAL SUPPLIES 51.29IRRIGATION MAINTENANCE GENERAL SUPPLIES 50.02WESTWOOD G & A GENERAL SUPPLIES 20.11HALLOWEEN PARTY GENERAL SUPPLIES 349.25 113.57PUBLIC WORKS G & A MILEAGE-PERSONAL CARMERKLEY, SCOTT 113.57 96,183.45INSPECTIONS G & A DUE TO OTHER GOVTSMETROPOLITAN COUNCIL 316,652.43OPERATIONSCLEANING/WASTE REMOVAL SERVICE 412,835.88 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 18 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 18Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 861.16HUMAN RESOURCES RECOGNITIONMIDWEST BADGE & NOVELTY CO 861.16 2,800.50WATER UTILITY G&A OTHER CONTRACTUAL SERVICESMIDWEST TESTING LLC 2,800.50 68,913.00INSTALLATIONOTHER IMPROVEMENT SUPPLIESMILLERBERND MFG CO 68,913.00 553.50PAWN FEES OTHER CONTRACTUAL SERVICESMINNEAPOLIS FINANCE DEPT 553.50 512.40EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSMINNESOTA CHILD SUPPORT PYT CT 512.40 100.00WESTWOOD G & A SUBSCRIPTIONS/MEMBERSHIPSMINNESOTA NATURALISTS ASSOC 930.00WESTWOOD G & A TRAINING 1,030.00 460.00OPERATIONSSEMINARS/CONFERENCES/PRESENTATMINNESOTA STATE FIRE CHIEFS AS 460.00 17.38WESTWOOD G & A OFFICE EQUIPMENTMINNESOTA TROPHIES & GIFTS 17.38 305.66SUPPORT SERVICES G&A OFFICE SUPPLIESMINUTEMAN PRESS 305.66 30.00WATER UTILITY G&A SEMINARS/CONFERENCES/PRESENTATMN AWWA 30.00 195.00PATCHING-PERMANENT SEMINARS/CONFERENCES/PRESENTATMN FALL MAINTENANCE EXPO 195.00 8,000.00HEALTH IN THE PARK INITIATIVE OTHER CONTRACTUAL SERVICESMOBIUS INC 8,000.00 1,635.12COMMUNICATIONS/GV REIMBURSEABL EQUIPMENT MTCE SERVICEMOTOROLA 1,635.12 105.00PARK MAINTENANCE G & A TRAININGMPSTMA 105.00 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 19 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 19Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 1,824.01FABRICATIONOTHER IMPROVEMENT SUPPLIESM-R SIGN CO INC 1,824.01 750.00HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENTMRA-THE MANAGEMENT ASSOC 750.00 2,347.21GENERAL FUND BALANCE SHEET INVENTORYMTI DISTRIBUTING CO 2,347.21 749.50GENERAL FUND BALANCE SHEET INVENTORYNAPA (GENUINE PARTS CO) 18.21WATER UTILITY G&A EQUIPMENT PARTS 98.28PARK MAINTENANCE G & A GENERAL SUPPLIES 18.15REC CENTER BUILDING GENERAL SUPPLIES 348.47GENERAL REPAIR GENERAL SUPPLIES 146.45GENERAL REPAIR EQUIPMENT MTCE SERVICE 1,379.06 384.75BEAUTIFICATION / FLOWERS OTHER IMPROVEMENT SUPPLIESNATIVE PLANT NURSERY INC 384.75 800.86GENERAL BUILDING MAINTENANCE BUILDING MTCE SERVICENATL AUTOMATIC SPRINKLER CO 800.86 3,081.21SEWER UTILITY G&A OTHER IMPROVEMENT SUPPLIESNEENAH FOUNDREY 3,081.21 55,830.43GENERAL FUND BALANCE SHEET INVENTORYNELSON AUTO CENTER 55,830.43 225.00GREEN REMODELING PROGRAM OTHER CONTRACTUAL SERVICESNEWHALL, JACOB 225.00 6,427.00CELLPHONES, IPADS, ETC.OFFICE EQUIPMENTNEXTEL COMMUNICATIONS 6,427.00 80.00GENERAL FUND BALANCE SHEET CLEARING ACCOUNTNOVAK, WALLACE 80.00 159.00ORGANIZED REC G & A SUBSCRIPTIONS/MEMBERSHIPSNRPA 159.00 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 20 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 20Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 572.63POLICE G & A OTHER CONTRACTUAL SERVICESOAK KNOLL ANIMAL HOSPITAL 572.63 1,000.00ESCROWSPMC ESCROWOAKWOOD PARTNERS 1,000.00 23.24ADMINISTRATION G & A OFFICE SUPPLIESOFFICE DEPOT 52.07ADMINISTRATION G & A GENERAL SUPPLIES 367.87HUMAN RESOURCES OFFICE SUPPLIES 102.35HUMAN RESOURCES ORGANIZATIONAL DEVELOPMENT 30.64POLICE G & A OFFICE SUPPLIES 153.08OPERATIONSOFFICE SUPPLIES 109.92ENVIRONMENTAL G & A OFFICE SUPPLIES 839.17 1,508.37INSPECTIONS G & A GENERAL PROFESSIONAL SERVICESOFFICE TEAM 1,508.37 817.36GENERAL FUND BALANCE SHEET INVENTORYOLSEN CHAIN & CABLE CO INC 79.83SEWER UTILITY G&A EQUIPMENT MTCE SERVICE 897.19 82.79HOUSING REHAB G & A TRAININGOLSON, MARNEY 84.75HOUSING REHAB G & A MILEAGE-PERSONAL CAR 167.54 35.28-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSOMAHA PAPER COMPANY INC 419.28PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 384.00 3,750.96PORTABLE TOILETS/FIELD MAINT OTHER CONTRACTUAL SERVICESON SITE SANITATION 267.20OPENOTHER CONTRACTUAL SERVICES 104.74OFF-LEASH DOG PARK OTHER CONTRACTUAL SERVICES 138.94WESTWOOD G & A OTHER CONTRACTUAL SERVICES 4,261.84 71.06GENERAL FUND BALANCE SHEET INVENTORYO'REILLY AUTO PARTS 71.06 1,017.71PLAYGROUNDSOTHER CONTRACTUAL SERVICESPARK TAVERN 1,017.71 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 21 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 21Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 681.25PLAYGROUNDSOTHER CONTRACTUAL SERVICESPAYNE, DOUGLAS 681.25 4,068.80REC CENTER BUILDING BUILDING MTCE SERVICEPBBS EQUIPMENT CORP 478.10REC CENTER BUILDING EQUIPMENT MTCE SERVICE 4,546.90 8.57GENERAL FUND BALANCE SHEET INVENTORYPETTY CASH 1.26ASSESSING G & A GENERAL SUPPLIES 20.00POLICE G & A LICENSES 27.45PUBLIC WORKS G & A OPERATIONAL SUPPLIES 11.94PUBLIC WORKS OPS G & A MEETING EXPENSE 19.00PUBLIC WORKS OPS G & A LICENSES 14.77WATER UTILITY G&A OTHER CONTRACTUAL SERVICES 23.00WATER UTILITY G&A LICENSES 5.89SEWER UTILITY G&A EQUIPMENT MTCE SERVICE 32.16SEWER UTILITY G&A OTHER IMPROVEMENT SERVICE 41.16SOLID WASTE G&A OPERATIONAL SUPPLIES 47.27VEHICLE MAINTENANCE G&A LICENSES 252.47 3,110.72PARK GROUNDS MAINTENANCE OTHER IMPROVEMENT SUPPLIESPHILIP'S TREE CARE INC 3,110.72 3,660.72GENERAL FUND BALANCE SHEET INVENTORYPOMP'S TIRE SERVICE INC 3,660.72 363.08PARK MAINTENANCE G & A TELEPHONEPOPP.COM INC 363.08 389.88STORM CLEAN UP OTHER IMPROVEMENT SUPPLIESPOWERPLAN OIB 389.88 19.64-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSPRAIRIE RESTORATIONS INC 34.45-STORM WATER UTILITY BAL SHEET DUE TO OTHER GOVTS 777.30STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 138.94INVASIVE PLANT MGMT/RESTORATIO LANDSCAPING MATERIALS 305.32INVASIVE PLANT MGMT/RESTORATIO OTHER CONTRACTUAL SERVICES 1,167.47 11,088.61TREE DISEASE PUBLIC CLEANING/WASTE REMOVAL SERVICEPRECISION LANDSCAPE & TREE 11,088.61 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 22 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 22Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 126.00ARENA MAINTENANCE EQUIPMENT MTCE SERVICEPRINTERS SERVICE INC 126.00 690.00DIAL-A-RIDE PROGRAM OTHER CONTRACTUAL SERVICESPRISM EXPRESS MANAGER 690.00 145.35VEHICLE MAINTENANCE G&A GENERAL SUPPLIESPUMP & METER SERVICE 145.35 6,030.50WATER UTILITY G&A OTHER IMPROVEMENT SERVICEQ3 CONTRACTING 1,671.50STORM WATER UTILITY G&A OTHER IMPROVEMENT SERVICE 7,702.00 73.71VEHICLE MAINTENANCE G&A POSTAGEQUICKSILVER EXPRESS COURIER 73.71 2,072.31UNINSURED LOSS G&A UNINSURED LOSSR & R SPECIALTIES 1,346.63ARENA MAINTENANCE BLDG/STRUCTURE SUPPLIES 3,418.94 375.46TREE MAINTENANCE OTHER IMPROVEMENT SUPPLIESRAINBOW TREECARE 375.46 89.38-SOLID WASTE BALANCE SHEET DUE TO OTHER GOVTSRECYCLING ASSOC OF MN 1,389.38SOLID WASTE G&A OTHER 1,300.00 5,000.00ESCROWSDEMO / BROOKSIDE TRAFFICREDDY INVESTMENTS LLC 5,000.00 141.83POLICE G & A OFFICE SUPPLIESREGENCY OFFICE PRODUCTS LLC 23.49POLICE G & A OPERATIONAL SUPPLIES 165.32 222.24PARK EQUIPMENT MAINTENANCE OTHER IMPROVEMENT SUPPLIESRIGID HITCH INC 222.24 956.53WATER UTILITY G&A OTHER IMPROVEMENT SUPPLIESROBARGE ENTERPRISES INC 956.53 180.00PARK PAVILIONS RENT REVENUEROBERTSON, JOHN City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 23 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 23Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 180.00 87.33REFORESTATION FUND OTHER CONTRACTUAL SERVICESROY, RYAN 87.33 216.97VEHICLE MAINTENANCE G&A EQUIPMENT MTCE SERVICESAFELITE FULFILLMENT INC 216.97 223.88PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDISAM'S CLUB 251.19PLAYGROUNDSGENERAL SUPPLIES 165.64PARK MAINTENANCE G & A MEETING EXPENSE 176.74WESTWOOD G & A GENERAL SUPPLIES 5,546.58CONCESSIONSCONCESSION SUPPLIES 6,364.03 47.01INSTRUCTIONAL SKATING LESSONS GENERAL SUPPLIESSANDUM, KATHERINE 170.00INSTRUCTIONAL SKATING LESSONS SUBSCRIPTIONS/MEMBERSHIPS 217.01 610.98ARENA MAINTENANCE GENERAL SUPPLIESSCAN AIR FILTER INC 610.98 3,052.18SKATING RINK MAINTENANCE OTHER IMPROVEMENT SUPPLIESSCHERER BROS. LUMBER CO. 3,052.18 155.37ASSESSING G & A MILEAGE-PERSONAL CARSCHOMER, KELLEY 155.37 57,030.18PE DESIGN GENERAL PROFESSIONAL SERVICESSEH 2,138.20SEWER UTILITY G&A GENERAL PROFESSIONAL SERVICES 59,168.38 80.00SUNSET RIDGE TRAININGSENSIBLE LAND USE COALITION 80.00 48.80ADMINISTRATION G & A GENERAL PROFESSIONAL SERVICESSHRED-IT USA MINNEAPOLIS 20.00FINANCE G & A GENERAL PROFESSIONAL SERVICES 100.00POLICE G & A OTHER CONTRACTUAL SERVICES 10.00INSPECTIONS G & A GENERAL PROFESSIONAL SERVICES 10.00WATER UTILITY G&A GENERAL PROFESSIONAL SERVICES 10.00PARK AND REC G&A GENERAL PROFESSIONAL SERVICES 198.80 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 24 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 24Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 4.74-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSSIGN PRODUCERS INC 115.42GENERAL BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIES 110.68 473.01REC CENTER BUILDING BLDG/STRUCTURE SUPPLIESSIMPLEXGRINNELL LP 473.01 1,458.60EMPLOYEE FLEXIBLE SPENDING B/S UNION DUESSLP FF ASSOC IAFF LOCAL #993 1,458.60 1,399.92IT G & A DATACOMMUNICATIONSSPRINT 1,399.92 5,760.00TECHNOLOGY REPLACEMENT OFFICE EQUIPMENTSQUARERIGGER SOFTWARE 5,760.00 3,042.73MUNICIPAL BLDG IMPROVEMENTS OTHER THAN BUILDIST CROIX REC CO 106.88AQUATIC PARK BUDGET EQUIPMENT PARTS 3,149.61 15,804.87TREE DISEASE PRIVATE CLEANING/WASTE REMOVAL SERVICEST CROIX TREE SERVICE INC 15,804.87 642.30NEIGHBORHOOD ASSOCIATION GRANT PUBLIC LIABILITY INSURANCESTATE FARM INSURANCE 642.30 790.88GENERAL FUND BALANCE SHEET INVENTORYSTEPP MANUFACTURING CO INC 790.88 2,903.80GENERAL FUND BALANCE SHEET INVENTORYSTONEBROOKE EQUIPMENT INC 2,903.80 832.56WATER UTILITY G&A EQUIPMENT PARTSSTRAND MFG CO 832.56 2,372.09POLICE G & A OPERATIONAL SUPPLIESSTREICHER'S 69.99OPERATIONSOPERATIONAL SUPPLIES 164.57SEWER UTILITY G&A SMALL TOOLS 2,606.65 111.31ADMINISTRATION G & A MILEAGE-PERSONAL CARSTROTH, NANCY City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 25 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 25Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 111.31 1,264.22GENERAL FUND BALANCE SHEET INVENTORYSUBURBAN TIRE WHOLESALE 1,264.22 20,520.64PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDISUMMIT ENVIROSOLUTIONS INC 4,200.00PE DESIGN IMPROVEMENTS OTHER THAN BUILDI 11,459.58REILLY BUDGET GENERAL PROFESSIONAL SERVICES 36,180.22 250.00PARK BUILDING MAINTENANCE BLDG/STRUCTURE SUPPLIESSUMMIT FIRE PROTECTION 250.00 9.76-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSSUMMIT SUPPLY CORP OF COLORADO 151.76PARK EQUIPMENT MAINTENANCE GENERAL SUPPLIES 142.00 149.39ADMINISTRATION G & A LEGAL NOTICESSUN NEWSPAPERS 149.39 .62-GENERAL FUND BALANCE SHEET DUE TO OTHER GOVTSSUNDBERG CO, CE 9.69GENERAL BUILDING MAINTENANCE GENERAL SUPPLIES 9.07 89.07REFORESTATION FUND OTHER CONTRACTUAL SERVICESSWENSON JR, GEORGE 89.07 3,600.00ESCROWSPMC ESCROWSYED, IMRAN ALI 3,600.00 36.12ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTELELANGUAGE INC 36.12 2,992.36PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESTEMPLE DISPLAY LTD 2,992.36 208.12BUILDING MAINTENANCE BUILDING MTCE SERVICETERMINIX INT 208.12 22.00OPERATIONSOPERATIONAL SUPPLIESTEXA TONKA TAILORING 22.00 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 26 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 26Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 2,968.48EMPLOYEE FLEX SPEND G&A LONG TERM DISABILITYTHE HARTFORD - PRIORITY ACCOUN 2,968.48 477.37-GENERAL FUND BALANCE SHEET RETAINED PERCENTAGETHOMAS & SONS CONST INC 9,547.41ROUTINE MAINTENANCE OTHER CONTRACTUAL SERVICES 47.93-PAVEMENT MANAGEMENT B/S RETAINED PERCENTAGE 958.63CONSTRUCTION PAYMENTS OTHER CONTRACTUAL SERVICES 41.00-STORM WATER UTILITY BAL SHEET RETAINED PERCENTAGE 820.00CONSTRUCTION PAYMENTS OTHER CONTRACTUAL SERVICES 10,759.74 132.30POLICE G & A OTHER CONTRACTUAL SERVICESTHOMSON REUTERS WEST PAYMENT C 132.30 1,054.56ADMINISTRATION G & A OTHER CONTRACTUAL SERVICESTIMESAVER OFF SITE SECRETARIAL 1,054.56 3,945.86GENERAL FUND BALANCE SHEET INVENTORYTITAN MACHINERY 3,945.86 4,253.43PE INVEST/REVIEW/PER IMPROVEMENTS OTHER THAN BUILDITKDA 4,253.43 575.31GENERAL FUND BALANCE SHEET INVENTORYTOWMASTER 575.31 10,045.00PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDITOWN & COUNTRY FENCE INC 10,045.00 850.79GENERAL REPAIR EQUIPMENT MTCE SERVICETRANSMISSION SHOP INC 850.79 1,870.31TREE MAINTENANCE OTHER CONTRACTUAL SERVICESTREE TRUST 202.38WESTWOOD G & A OTHER IMPROVEMENT SUPPLIES 2,500.00WESTWOOD G & A OTHER CONTRACTUAL SERVICES 4,572.69 19.13GENERAL FUND BALANCE SHEET INVENTORYTRI STATE BOBCAT 19.13 23.13GENERAL FUND BALANCE SHEET INVENTORYTRUCK UTILITIES MFG CO 23.13 City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 27 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 27Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 164.80PARK GROUNDS MAINTENANCE LANDSCAPING MATERIALSTURFWERKS 164.80 680.17PARK IMPROVE CAPITAL PROJECT IMPROVEMENTS OTHER THAN BUILDITWIN CITY HARDWARE 680.17 750.00PARK IMPROVE CAPITAL PROJECT OTHER CONTRACTUAL SERVICESTWIN CITY WINDOW REPLACEMENT C 750.00 13,812.00TECHNOLOGY REPLACEMENT OFFICE FURNITURE & EQUIPMENTUHL CO INC 13,812.00 803.44SUPPORT SERVICES OPERATIONAL SUPPLIESUNIFORMS UNLIMITED (PD) 2,248.03SUPERVISORYOPERATIONAL SUPPLIES 1,033.49PATROLOPERATIONAL SUPPLIES 3,501.61COMMUNITY SERVICE OFFICER OPERATIONAL SUPPLIES 7,586.57 150.00EMPLOYEE FLEXIBLE SPENDING B/S WAGE GARNISHMENTSUNITED STATES TREASURY 150.00 204.00EMPLOYEE FLEXIBLE SPENDING B/S UNITED WAYUNITED WAY OF MINNEAPOLIS AREA 204.00 60.00PARK MAINTENANCE G & A TRAININGUNIVERSITY OF MINNESOTA 60.00 34.59WATER UTILITY G&A OTHER CONTRACTUAL SERVICESUPS STORE 61.31VEHICLE MAINTENANCE G&A POSTAGE 95.90 2,750.00AQUATIC PARK BUDGET OTHER CONTRACTUAL SERVICESUSAQUATICS 2,750.00 207.90HUMAN RESOURCES RECOGNITIONVAIL, LORI 207.90 3,200.28WATER UTILITY G&A OTHER IMPROVEMENT SERVICEVALLEY-RICH CO INC 3,200.28 161.03ENVIRONMENTAL G & A MILEAGE-PERSONAL CARVAUGHAN, JIM City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 28 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 28Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 161.03 74.16COMMUNICATIONS/GV REIMBURSEABL TELEPHONEVERIZON WIRELESS 74.16 242.31WATER UTILITY G&A GENERAL SUPPLIESVIKING INDUSTRIAL CTR 242.24WATER UTILITY G&A OPERATIONAL SUPPLIES 484.55 44.00OPERATIONSSUBSCRIPTIONS/MEMBERSHIPSVOLUNTEER FIREFIGHTERS' BENEFI 44.00 545.45GENERAL FUND BALANCE SHEET INVENTORYWALSER CHRYSLER JEEP 545.45 500.00ESCROWSPMC ESCROWWALSH, MARK 500.00 974.45SEWER UTILITY G&A OTHER CONTRACTUAL SERVICESWASTE MANAGEMENT OF WI-MN 5,311.45SOLID WASTE COLLECTIONS MOTOR FUELS 63,146.40SOLID WASTE COLLECTIONS GARBAGE/REFUSE SERVICE 26,079.72SOLID WASTE COLLECTIONS YARD WASTE SERVICE 33,728.61SOLID WASTE DISPOSAL GARBAGE/REFUSE SERVICE 10,610.22SOLID WASTE DISPOSAL YARD WASTE SERVICE 139,850.85 273.52WATER UTILITY G&A OTHER IMPROVEMENT SERVICEWATER CONSERVATION SERVICE INC 273.52 2,596.40CONCESSIONSCONCESSION SUPPLIESWATSON CO INC 2,596.40 59.63VEHICLE MAINTENANCE G&A GENERAL SUPPLIESWAYTEK 59.63 1,375.00WATER UTILITY G&A EQUIPMENT MTCE SERVICEWEBER ELECTRIC 1,375.00 20.00POLICE G & A LICENSESWEIGEL, GREG 20.00 64.45REFORESTATION FUND OTHER CONTRACTUAL SERVICESWOODWARD, JOHN City Council Meeting of October 7, 2013 (Item No. 4e) Title: Vendor Claims Page 29 10/2/2013CITY OF ST LOUIS PARK 8:57:38R55CKSUM LOG23000VO 29Page -Council Check Summary 9/27/2013 -9/7/2013 Vendor AmountBusiness Unit Object 64.45 4,190.00COUNTS AND STUDIES OTHER CONTRACTUAL SERVICESWSB ASSOC INC 4,190.00 18,110.99GENERAL BUILDING MAINTENANCE ELECTRIC SERVICEXCEL ENERGY 24.87OPERATIONSEMERGENCY PREPAREDNESS 26,958.89PUBLIC WORKS OPS G & A ELECTRIC SERVICE 41,080.57WATER UTILITY G&A ELECTRIC SERVICE 1,636.98REILLY BUDGET ELECTRIC SERVICE 4,040.05SEWER UTILITY G&A ELECTRIC SERVICE 2,860.63STORM WATER UTILITY G&A ELECTRIC SERVICE 6,823.46PARK MAINTENANCE G & A ELECTRIC SERVICE 24.43BRICK HOUSE (1324)ELECTRIC SERVICE 95.04WW RENTAL HOUSE (1322)ELECTRIC SERVICE 715.46WESTWOOD G & A ELECTRIC SERVICE 25,393.44ENTERPRISE G & A ELECTRIC SERVICE 127,764.81 36,214.73GENERAL FUND BALANCE SHEET INVENTORYYOCUM OIL CO INC 36,214.73 337.48ROUTINE MAINTENANCE OPERATIONAL SUPPLIESZACKS INC 337.48 15,615.44GENERAL REPAIR EQUIPMENT MTCE SERVICEZIEGLER INC 15,615.44 458.92ORGANIZED REC G & A PRINTING & PUBLISHINGZIP PRINTING 458.92 Report Totals 5,326,153.93 City Council Meeting of October 7, 2013 (Item No. 4i) Title: Vendor Claims Page 30 Meeting: City Council Meeting Date: October 7, 2013 Consent Agenda Item: 4f OFFICIAL MINUTES Parks & Recreation Advisory Commission May 15, 2013, 6:30 p.m. Meeting Rec Center Programming Office 1. Call to Order Mr. Hagemann, Chair, called the meeting to order at 6:31 p.m. Parks and Recreation Advisory Commission members present: Jim Beneke, George Foulkes, Sarah Foulkes, Elizabeth Griffin, George Hagemann Kirk Hawkinson and Tom Worthington. Commission members absent: Sophia Flumerfelt. Staff present: Cindy Walsh, Director of Operations and Recreation, and Stacy Voelker, Recording Secretary. 2. Presentation: Soccer Association (Bob Decker, President) Bob Decker, Soccer Association President, along with the Commission, provided introductions. Mr. Decker thanked them for the invitation. Mr. Decker advised there were 420 kids’ ages 9 to 18 registered for traveling soccer and 220 kids’ ages 5 to 8 enrolled in the in-house soccer league. The Association is looking forward to having lights on the fields as it will help other fields rest, indicated Mr. Decker. The Association provided approximately 30 scholarships this year which is less than past years. No one is declined registration. Ten percent of registered kids live outside of St. Louis Park. The Hopkins soccer program folded so some kids from Hopkins are registered in St. Louis Park. Hopkins registration numbers were lowering so Minnetonka took over the soccer association. Minnetonka is using Hopkins fields. The association will host the district tournament at the end of July. The tournament is for 14 year olds and will be played at Louisiana Oaks, as in the past two years. The tournament is a good source of income for the association, Mr. Decker indicated. Mr. Decker advised the cost for the in-house program is $100; the fall program is $70; and the traveling program costs $350 to $400. The traveling league retains paid coaches and is the least expensive in the west metro area. The Association works hard to maintain low fees, said Mr. Decker. The Minnetonka league is much larger (similar in size to Golden Valley) and they take up to 18 players per team. The younger kids have less on a team to equate with the policy of equal play for younger ages. The Junior High age is a more competitive league. The association, Mr. Decker indicated, would like to use the stadium field but was unable to use it this spring. Soccer, lacrosse and possibly baseball all compete for field use. The association is attempting to acquire the use of a field for one night during the week but is struggling to receive communication from Community Education. The association has also encountered issues of gym space rental through Community Education. Their off-season interest in utilizing a facility for building skills over the winter has increased but has been bumped from gym space and not notified Mr. Decker commented. City Council Meeting of October 7, 2013 (Item No. 4f) Page 2 Title: Parks & Recreation Advisory Commission Meeting Minutes May 15, 2013 Mr. Hawkinson inquired if the Soccer Association recruits at the Spanish Immersion and home schooled children. Mr. Decker indicates the association sends flyers to all schools. They do not have a good list for homeschool kids. Mr. Worthington inquired if there is anything Parks and Recreation can do for the Association. Mr. Decker recommended a covered field and more fields. Mr. Worthington advised the Commission that Mr. Decker has been part of soccer for 25 years and it has been very competitive. Ms. Foulkes complimented the Association on the free play event they held. Members thanked Mr. Decker for his attendance and overview and Mr. Decker thanked Commission. 3. Approval of Minutes a. April 17, 2012 It was moved by Commission member Worthington to approve the minutes; S. Foulkes seconded. Motion passed 7 – 0. 4. New Business a. Trail and Sidewalk Plan / Highway 100 Plan (Scott Brink) Scott Brink, City Engineer, along with the Commission, provided introductions. Mr. Brink thanked them for the invitation. Mr. Brink explained the Connect the Park trail and sidewalk plan evolved from the 2006 visioning process. It is going into the second generation of a trail and sidewalk plan. A good portion of the plan centers on specific criteria such as schools, public gathering places, etc. The trail and sidewalk plan was adopted into the comprehensive plan a couple years ago, indicated Mr. Brink. Throughout the public process, Mr. Brink has been engaged and notes many people are supportive. The negative reactions come from individuals who live where a sidewalk is proposed to be built in front of their house. Last fall the City Council reviewed and revised the plan to include an on road bikeway system. After reviewing the 10-year plan, they are currently finishing another round of public input since changes were made to the plan, Mr. Brink advised. The topic will be presented to Council on May 28. Mr. Brink advised the City hopes to adopt and begin working on the new plan in June. The Council is realistic when reviewing the plan. They look into the future and weight that against the cost and feedback. Commission members viewed Exhibit A, Sidewalk CIP by Year and Mr. Brink explained which sidewalks were removed from the plan due to public resistance and inadequate logistics. Some feedback was received where sidewalks were not planned and residents want them. Once through Council, will go back to where requests were to see if they can add sidewalks. City Council Meeting of October 7, 2013 (Item No. 4f) Page 3 Title: Parks & Recreation Advisory Commission Meeting Minutes May 15, 2013 The Commission viewed Exhibit B1 Trail CIP by Year and discussed off-road trails. Members and staff discussed how a trail could be added next to Highway 100 to connect the two regional trails when MNDot’s Highway 100 project is complete. Exhibit C2 Bikeways CIP by Year was viewed and discussed. The only controversy may be where parking is allowed as it could get challenging to squeeze in a bike trail. Mr. Hawkinson commented that the signals added by Highway 7 are hard to see on the ramp. Mr. Brink indicated he will review and research options for adding safety. Highway 7 and Wooddale is a challenging area. Members thanked Mr. Brink for his attendance and overview and Mr. Brink thanked Commission. 5. Old Business a. Community Center Process (Cindy Walsh) Ms. Walsh advised the Commission that Council was updated last Monday on the Community Center process. Staff is working with HGA to figure out what space and back of house area is needed for the programming components. With the program components defined, the consultant will work on the site plans including how the building will fit on the site. Partnerships (i.e. including office space for Friends of the Arts, CVB, Park Nicollet physical therapist, etc.) were discussed and Council agreed. Council would like community partners or things that will enhance the Center plus many types of facilities available. Mr. Hagemann indicated he would like FoTA to be on the list. Ms. Walsh reviewed various areas proposed which are multi-purpose areas. These areas would have multi-purpose flooring to accommodate various activities. Program components were reviewed with the commission and include aquatics (lap swimming, deep water area, diving board, climbing wall, and ADA access ramp) to allow for specialized programming. This component could have different water temperatures, leisure area with zero depth entry plus deep water activities. Drop in childcare, kids play area and party rooms which are near the pool area to facilitate birthday parties were discussed. Fitness areas discussed include a track, at least 10’ wide, would be included and initially planned to go around the gym ; three other areas which include free weights, have adequate storage and the ability to change with what’s popular. The community room would be larger than the current Rec Center Banquet Room and be multi-purpose to acquire the interest of various age groups. The commons area will be a gathering area that is an inviting area for all ages. Ms. Walsh indicated that HGA has built a number of community centers so are aware of what is needed and what to include. Council provided most feedback on community space and is very pleased with progress. The next step will be site analysis. Carpenter Park is no longer a potential site. The two sites remaining for consideration are the area on West 36th Street and Highway 100 (VFW building which is for sale) and the Rec Center area. HGA will provide specifications needed. City Council Meeting of October 7, 2013 (Item No. 4f) Page 4 Title: Parks & Recreation Advisory Commission Meeting Minutes May 15, 2013 Mr. Beneke asked how residents would pay to visit the community center. Ms. Walsh indicated staff would like multiple options for membership for people. Membership options may include one month, three months, or an annual membership. Mr. Beneke inquired on league teams and noted other members indicated a preference for pick-up games and open gym. Ms. Walsh advised drop-in space at schools is minimal. Ms. Griffin inquired on the timeline for the project to which Ms. Walsh advised staff will report to Council the end of July with recommendations. Council and staff will discuss through the fall and winter and determine if they would like to pursue a new community center. Ms. Walsh advised staff will have potential site plans in August or September. They will continue to review the process with the Commission. b. Minnehaha Creek Clean Up Recap Ms. Walsh reviewed the recap of the Creek clean-up with members. Members discussed certain areas of the Creek that appear to collect more rubbish. Mr. Foulkes feels there should be a plan in place for next year on how to deal with the homeless in that area. Ms. Walsh advised she will work with the police department. Members discussed unique items found and noted a lot of garbage was found by the car wash. It was recommended to acquire a volunteer crew from Mr. Car Wash to assist in cleaning around their facility. Commission members complimented city staff and the Lacrosse volunteers for this successful event. Mr. Hawkinson suggested reaching out to scout groups to volunteer as this was the first year there could have been more volunteers. Ms. Foulkes will reach out to the boy’s lacrosse team to volunteer next year. c. Dakota Park Scoreboard Dedication Ms. Walsh advised the Dakota Park Scoreboard dedication is potentially set for after the game on May 22, which is the last home baseball game. Ms. Griffin will confirm the time and advise members. Ms. Walsh thanked Ms. Griffin for her assistance. 6. Staff Reports Ms. Walsh advised planning with the Visual Quality Team (neighborhood representatives from the area run by MnDOT) for Highway 100 is moving along. Neighbors voted on nice looking sound walls north by Minnetonka Boulevard, but not by BSM. The city asked to incorporate art into the railing along Minnetonka Boulevard to increase visual elements. The city is also encouraging nice planting next to Webster Park along Highway 100. Construction will begin in 2014. The Aquila 5 softball field will be lite this year, indicated Ms. Walsh. The City pays for lights as need for programming. Lighting will be added to the back/northwest field at Louisiana Oaks Park also this year. The Soccer Association has community funds to assist in financing. Ms. Walsh indicated there have been conversations around increasing the size of the north parking lot in Louisiana Oaks Park. Although there are plenty of parking spaces between the north and south lots, users want closer parking. Staff will discuss with Council about the potential to make the north lot larger and will keep the Commission apprised. City Council Meeting of October 7, 2013 (Item No. 4f) Page 5 Title: Parks & Recreation Advisory Commission Meeting Minutes May 15, 2013 Mr. Beneke congratulated Ms. Walsh on her promotion. Ms. Walsh thanked Mr. Beneke. All Council seats are up for election this year, indicated Ms. Walsh. Council filing is open. Ms. Walsh advised 36 Park is close to inhabiting. Mr. Hagemann advised the developer agreed to use the artist, 11th Hour Heroics, LLC, for the artwork outside as they are creating the internal art. The artist will make a pattern of tree leaves strewn along the concrete wall; similar to the internal art. The West End apartments are currently being rented, indicated Ms. Walsh. The Ellipse has a new addition currently being constructed which will be apartments/condos. It is challenging to get a quorum for the June and July Commission meetings, Ms. Walsh indicated. Members discussed and decided will not have meetings in June and July. The next meeting will be August 21. 7. Other / Future Agenda Items a. Member Comments Mr. Hawkinson commented that the Soccer Association and Friends of the Arts complained about Community Education regarding reservations and space confirmations and wondered what could be done. Ms. Walsh advised the issues with turf field complaints are due to the increase in use. Ms. Griffin feels there is a greater need than available for gym space/field space which leads to issues. Mr. Hagemann commented that communication is a big challenge. Ms. Foulkes suggested all communities encountered the same issues this year with the late summer weather. Mr. Hagemann advised the neighborhood around Flag and 18th are using that area as a park even though not an official park. The residents would like facilities included in that area and maintenance as in other parks. Mr. Hagemann advised they would like a grill and the area mowed more than monthly. Ms. Walsh advised Council is not interested in adding maintenance areas. There are some parcels scattered around the City that are being used as park areas but not an official park. There isn’t much the City can do with the topography and set-back of the pond. The residents can do something but the City isn’t interested. 8. Adjournment It was moved by Commission member G. Foulkes to adjourn at 8:18 p.m.; Worthington seconded. The motion passed 7 - 0. Respectfully submitted, Stacy Voelker Stacy Voelker Recording Secretary Meeting: City Council Meeting Date: October 7, 2013 Consent Agenda Item: 4g OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA AUGUST 21, 2013 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Dennis Morris, Richard Person, Carl Robertson, Charlie Dixon (youth member) MEMBERS ABSENT: Robert Kramer, Larry Shapiro STAFF PRESENT: Ryan Kelley, Gary Morrison, Sean Walther, Nancy Sells 1. Call to Order – Roll Call 2. Approval of Minutes of July 17, 2013 and August 7, 2013 Commissioner Morris moved approval of the minutes of July 17, 2013 and August 7, 2013. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 3-1 (Carper abstained; Person arrived 6:02 p.m.) 3. Public Hearings A. Conditional Use Permit for TCF Bank-Knollwood, In-vehicle Sales and Service Location: 8951 36th St. W. Applicant: TCF Bank - CO Acquisition Property II, LLC Case No.: 13-24-CUP Ryan Kelley, Associate Planner, presented the staff report. The proposed redevelopment includes demolition of the existing building and parking areas. TCF proposes a new 1- story, 2,813 square foot building on the eastern portion of the site with a drive-thru on the west side of the building. Commissioner Carper noted that the former owner had proposed development on the site which was met with objections by the neighborhood due to the parking lot. He asked if TCF has met with neighbors about the proposal and if there have been any objections. Mr. Kelley said a neighborhood meeting has not been held. He said staff approached the neighborhood leaders, especially before National Night Out, to spread the word to the two affected neighborhoods. Required notification for conditional use permits was also made. No objections have been received. The owner of the apartment north of the property across 36th St. did look at the plans and stated he was happy with the proposal. Commissioner Morris wanted to make sure that the pedestrian crossing through the traffic island was ADA compliant, and to have that indicated on the final plans. Mr. Kelley responded that will be noted in the detailed plans. Chair Robertson opened the public hearing. As no one was present wishing to speak, the Chair closed the public hearing. City Council Meeting of October 7, 2013 (Item No. 4g) Page 2 Title: Planning Commission Meeting Minutes August 21, 2013 Commissioner Person asked if there has been any interest in the other half of the parcel. Mr. Kelley responded that staff does not know of any interest shown in the other half of the parcel. Chair Robertson spoke about the car stacking proposed. He said depending on the landscaping, he could see a driver coming around the curve and not being aware they are in a stacking lane. Mike Kraft, HTG Architects, said the rendering of the stacking is ambitious and they have no expectation that stacking will reach the capacity of 12 vehicles. It is shown to meet the requirements of the zoning code. He added that there is adequate space planned for vehicles to drive around stacked vehicles. Commissioner Morris asked about timing of the construction. Mr. Kraft said the applicant doesn’t know the timing of construction at this point. Commissioner Johnston-Madison asked about the existing TCF location. Mr. Kraft said it is a leased property and is not owned by TCF. Commissioner Morris made a motion to recommend approval of the Conditional Use Permit, subject to conditions recommended by staff. Commissioner Person seconded the motion and it passed on a vote of 5-0. B. Knollwood Mall - PUD Major Amendment Location: 8332 Highway 7 Applicant: Rouse Properties Case No.: 13-28-PUD Gary Morrison, Assistant Zoning Administrator, presented the staff report. The request for a major amendment to the existing Planned Unit Development is to reconstruct a portion of the mall, construct a new free standing commercial building, reconstruct a section of the parking lot, and stormwater improvements. Mr. Morrison spoke about stormwater requirements. He said there is a condition in the existing PUD approval that requires that stormwater be brought up to code for the site with future improvements affecting parking lot and construction. The Minnehaha Creek Watershed District (MCWD) has proposed an opportunity to expand on Knollwood’s stormwater obligations to convert it from a stormwater area that treats Knollwood ponding, but also becomes more of a regional facility. Mr. Morrison said while that is being pursued staff has asked the applicant to put together a fallback position. If the off- site solution does not work, the city would need to see something that works on-site. The fallback position would be approved as part of the current proposal. He reviewed two proposed phases. Chair Robertson noted that the Commission has had an opportunity to discuss the proposal at a study session. City Council Meeting of October 7, 2013 (Item No. 4g) Page 3 Title: Planning Commission Meeting Minutes August 21, 2013 Commissioner Johnston-Madison asked for clarification about new docking stations. She also asked about trees which will be removed for sidewalk on 36th St. She asked that neighborhood leaders be notified about that tree removal. Mr. Morrison spoke about the descending grade change at 36th Street. He added that section of sidewalk has been a point of discussion in the Sidewalk and Trail Plan for over a year. Commissioner Morris asked if snow is removed or stored on site. Mr. Morrison responded it is both removed and stored on site. He said there will still be room for on-site storage with the new construction. Commissioner Morris commented that 36th St. is a one lane street that is extraordinarily wide. He asked if the sidewalk could be widened by two feet. Mr. Morrison said staff could discuss that with the Engineering Dept. Commissioner Carper asked if there were discussions about increasing permeable surface and LED lighting. Mr. Morrison stated that the proposal decreases the impervious surface, primarily with the landscaped islands. He said discussion about LED lighting has not occurred. He said if an applicant can’t manage the landscaping on site there may be conversations about lighting. He added if a property is subject to TIF or other municipal funds the city will have some lighting requirements. Commissioner Carper asked about transit from the proposed Blake Rd. LRT station to the mall. Mr. Morrison said pedestrian connections from Hwy. 7 to Knollwood will be improved. He said there have been conversations about circular shuttle routes. Kevin Connell, Rouse Properties, applicant, discussed the proposal. Commissioner Carper presented personal recommendations to the applicant. These included monuments or kiosks adjacent to the sidewalks with the ability for changeable community displays; sculptural elements on plazas in addition to the primary public sculpture; LED lighting; food trucks; and shuttle transport to/from the Blake Rd. LRT station. Commissioner Person asked about the City’s public art requirements for a site this size. Mr. Morrison said the requirement is broader than art and includes landscaping, plazas, and pedestrian walkways. Art is considered a physical improvement that occurs within those areas. There isn’t a requirement for a certain value or certain number of pieces of art. The city asked for an art element to cap the physical improvements and the applicant has obliged. Chair Robertson opened the public hearing. Daniel O’Bresky, Subway Restaurant, 8127 Hwy. 7. Knollwood Mall, stated that he is very excited about the project as the mall has needed some attention for awhile. He said he is glad to see the changes to the drive-thru on Panera. He said he is concerned about traffic lanes as the plaza and pedestrian areas will not be as easy to maneuver. He said City Council Meeting of October 7, 2013 (Item No. 4g) Page 4 Title: Planning Commission Meeting Minutes August 21, 2013 getting from one side of the mall to the other side will be far more challenging. Mr. O’Bresky said he operates 18 restaurants in the Twin Cities and has a lot of experience with being a tenant in large projects. He suggested that smoothing out the traffic lanes will allow a better flow. He said the proposed turns and twists throughout the plan will lead to more accidents and pedestrian issues. He asked the developer to pay attention to that as plans move forward. Mr. O’Bresky stated that food trucks are a serious problem for the two downtown restaurants he operates. He said as St. Louis Park moves forward with addressing food trucks it needs to understand what is happening to restaurants. He said he has lost 10% volume to food trucks in downtown Minneapolis. He added that in his area of operations 5% of the restaurants have closed due to food trucks. Mr. O’Bresky spoke about the noise of food truck compressors, propane gas, and idling of trucks. He commented that food trucks aren’t paying property taxes. He spoke about sales tax and income tax reporting of food trucks. Commissioner Person spoke about traffic flow discussions which were held at the study session. He said the Commission was told that the future configuration would improve traffic flow throughout the mall. Chair Robertson stated that the flow is good up and through the site but traveling from Target to Cub it does not look smooth, so it is something to consider. Commissioner Morris said he recalled the Commission asking about the next stage east. The developer would look at the east configuration for smoothing out the parking as step two. The Chair closed the public hearing as there was no one else present wishing to speak. Chair Robertson said the comments on circulation were good and there would be opportunity for tweaking plans. He stated that the proposal should move forward. Commissioner Carper said the project looks excellent. He said he appreciated the study sessions on the proposal. Commissioner Morris made a motion to recommend approval of the Major Amendment to the Knollwood Mall Planned Unit Development (PUD) subject to conditions recommended by staff. Commissioner Carper seconded the motion, and the motion passed on a vote of 5-0. 4. Other Business 5. Communications A. September 4th meeting moved to September 11th 6. Adjournment The meeting was adjourned at 7:12 p.m. Respectfully submitted, Nancy Sells Administrative Secretary Meeting: City Council Meeting Date: October 7, 2013 Public Hearing Agenda Item: 6a EXECUTIVE SUMMARY TITLE: Public Hearing to Consider First Reading of 2014 Fee Ordinance RECOMMENDED ACTION: Mayor to close public hearing. Motion to Approve 1st Reading of Ordinance adopting fees for 2014 and set Second Reading for October 21, 2013. POLICY CONSIDERATION: Does the Council agree with the proposed revisions to the fee schedule to reflect fee adjustments for programs and services called for by ordinance? SUMMARY: Each year our fees are reviewed by departments prior to renewal and as part of our budget process. Some fees must be set and adjusted in accordance with our ordinance; other fees are allowed to be set administratively. All fees are reviewed each year based on comparison to other cities in the metro area, changes in regulations and to make sure our business costs are covered for such service. Sec. 1-19 of the St. Louis Park Ordinance Code states that fees called for within individual provisions of the Code are to be set by ordinance and listed as Appendix A of the Code. Fees must also be reviewed and reestablished annually. The Administrative Services Department has worked with individual departments to complete this review and their recommendations are included in the attached ordinance. A public hearing notice was published September 19, 2013 informing interested persons of the city’s intent to consider fees. Fees, rates and charges called for by resolution or set by a department are not required by law to be included in the Appendix A City Code fee schedule. Next steps: The second reading of this ordinance is scheduled for October 21, 2013. If approved, the fee increases will be effective January 1, 2014. Staff will be presenting proposed 2014 liquor fees for approval by resolution at the November 18, 2013 City Council Meeting. Utility fees for 2014 water, sewer, storm water, and solid waste rates are scheduled for approval later this year. FINANCIAL OR BUDGET CONSIDERATION: The proposed fee increases have been incorporated into the proposed 2014 budget. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Proposed Ordinance Summary Ordinance Prepared by: Nancy Stroth, City Clerk Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of October 7, 2013 (Item No. 6a) Page 2 Title: Public Hearing to Consider First Reading of 2014 Fee Ordinance DISCUSSION BACKGROUND: Each Department Director has reviewed fees listed in Appendix A of the City Code. The Administrative Services, Fire, Police, Engineering, and Operations & Recreation Departments are recommending no increases in Appendix A fees for 2014. The Inspections and Community Development Departments have each proposed fee increases, additions, or removals that are the shown in Appendix A (attached). Unless otherwise noted, proposed fee increases reflect the increased administrative costs of providing services and were comparable to other cities. SUMMARY OF PROPOSED CHANGES: Assessing Department Deed recording transfer fees are a County function, therefore this section was removed. Community Development Department A new zoning temporary use permit fee of $50 for mobile use vehicles (food or medical) was established by Ordinance No. 2443-13 (effective July 13, 2013). Engineering Department With department restructuring, certain fee items previously under Public Works are now under Engineering. There are no proposed City Code Appendix A fee changes for 2014. Inspections Department Permit and license fees proposed by the Inspections Department were increased when appropriate to reflect inflationary costs and remain consistent with the “fee for service” program philosophy. The fees proposed to be increased for 2014 were 3% or less except for the Tree Maintenance license and Solid Waste license vehicle decals. The proposed decal fee for the Tree Maintenance license is $10, a $2.00 increase per decal. For the Solid Waste decal, the fee is proposed to be $25, a $5.00 increase per decal. A new fee of $750 for water access charge was established by Ordinance 2436-13 and Resolution 13-010 (effective Jan. 1, 2014). This new fee was added and is based on the additional future infrastructure needs projected, along with the estimated number of additional WAC units generated over the next 20 years. Operations & Recreation Department - With department restructuring, certain fee items previously under Public Works are now under Operations & Recreation. There are no proposed City Code Appendix A fee changes. City Council Meeting of October 7, 2013 (Item No. 6a) Page 3 Title: Public Hearing to Consider First Reading of 2014 Fee Ordinance ORDINANCE NO. ____-13 ORDINANCE ADOPTING FEES FOR CALENDAR YEAR 2014 THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. Fees called for within individual provisions of the City Code are hereby set by this ordinance for calendar year 2014. Section 2. The Fee Schedule as listed below shall be included as Appendix A of the City Code and shall replace those fees adopted October 15, 2012 by Ordinance No. 2422-12 for the calendar year 2013 which is hereby rescinded. ADMINISTRATIVE PENALTIES Chapter 4 – Animal Regulations $50 Chapter 6 – Buildings & Building Regulations Chapter 6, Article V – Property Maintenance Code $100 Chapter 8 – Business and Business Licenses $100 Chapter 12 – Environment $50 Chapter 12, Section 1 – Environment & Public Health Regulations Adopted by Reference $100 Chapter 12, Section 157 – Illicit Discharge and Connection $100 Chapter 12, Section 159 – Wetland Protection $100 Chapter 14 – Fire and Fire Prevention $50 Chapter 14, Section 75 – Open burning without permit $100 Chapter 20 – Parks and Recreation $50 Chapter 22 – Solid Waste Management $50 Chapter 22, Section 35b – Contagious Disease Refuse $200 Chapter 24 – Streets, Sidewalks & Public Places $50 Chapter 24, Section 24-43 – Household Trash & Recycling Containers blocking public way $25 Chapter 24, Section 50 – Public Property: Defacing or injuring $150 Chapter 24, Section 51 – Sweeping leaves into street prohibited $100 Chapter 24, Section 151 – Work in public right-of-way without a permit $100 Chapter 26 – Subdivision $100 Violation of a condition associated with a Subdivision approval. $750 Chapter 32 – Utilities $50 Chapter 36 – Zoning $50 Chapter 36, Section 37 – Conducting a Land Use not permitted in the zoning district $100 Violation of a condition associated with a Conditional Use Permit, Planned Unit Development, or Special Permit approval $750 Repeat Violations within 24 Months Double the amount of the fine imposed for the previous violation, up to a maximum of $2,000. For example, if there were four occurrences of a violation that carried a $50 fine, the fine for the fourth occurrence would be $400 (first: $50; second: $100; third: $200; fourth: $400). City Council Meeting of October 7, 2013 (Item No. 6a) Page 4 Title: Public Hearing to Consider First Reading of 2014 Fee Ordinance Fines in addition to abatement and licensing inspections Fines listed above may be in addition to fees associated with abatement and licensing inspections. ASSESSING Record Deed Transfer with Hennepin County $120 + Recording cost CITY CLERK’S OFFICE Domestic Partnership Registration Application Fee $50 Amendment to Application Fee $25 Termination of Registration Fee $25 COMMUNITY DEVELOPMENT DEPARTMENT Comprehensive Plan Amendments $2,000 Conditional Use Permit $2,000 Major Amendment $2,000 Minor Amendment $1,000 Fence Permit Installation $15 Numbering of Buildings (New Addresses) $50 Official Map Amendment $500 Parking Lot Permit Installation/Reconstruction $75 Driveway Permit $25 Planned Unit Development Preliminary PUD $2,000 Final PUD $2,000 Prelim/Final PUD Combined $2,250 PUD - Major Amendment $2,000 PUD - Minor Amendment $1,000 Recording Filing Fee Single Family $50 Other Uses $120 Registration of Land Use $50 Sign Permit Erection of Temporary Sign $30 Erection of Real Estate, Construction Sign 40+ ft $30 Installation of Permanent Sign without footings $75 Installation of Permanent Sign with footings $100 Special Permits Major Amendment $2,000 Minor Amendment $1,000 Street, Alley, Utility Vacations $800 Subdivision Dedication Park Dedication (in lieu of land) Commercial/Industrial Properties 5% of current market value of the unimproved as determined by city assessor Multi-family Dwelling Units $1,500 per dwelling unit Single-family Dwelling Units $1,500 per dwelling unit Trails $225 per residential dwelling unit Subdivisions/Replats Preliminary Plat $800 plus $90 per lot City Council Meeting of October 7, 2013 (Item No. 6a) Page 5 Title: Public Hearing to Consider First Reading of 2014 Fee Ordinance Final Plat $500 Combined Process and Replats $900 plus $90 per lot Exempt and Administrative Subdivisions $300 Temporary Use Carnival & Festival over 14 days $1,000 Mobile Use Vehicle Zoning Permit (Food or Medical) $50 Time Extension $150 Traffic Management Plan Administrative Fee $0.10 per sq ft of gross floor Tree Replacement Cash in lieu of replacement trees $115 per caliper inch Variances Commercial $500 Residential $300 Zoning Appeal $300 Zoning Letter $50 Zoning Map Amendments $2,000 Zoning Permit Accessory Structures, 120 ft or less $25 Zoning Text Amendments $2,000 ENGINEERING PUBLIC WORKS DEPARTMENT Installation/repair of Sidewalk, Curb Cut or Curb and Gutter Permit $10 per 10 linear feet Administrative Fee (all permits) $50 Work in Public Right-of-Way Permit Administrative Fee (all permits) $50 Hole in Roadway/Blvd (larger than 10" diameter) $50 per hole Trenching in Boulevard $200 per 100 linear feet (minimum $200) Trenching in Roadway $400 per 100 linear feet (minimum $400) FIRE DEPARTMENT Fireworks Display Permit Actual costs incurred Service Fees Service Fee for fully-equipped & staffed vehicles $500 per hour for a ladder truck $325 per hour for a full-size fire truck $255 per hour for a rescue unit Service Fee of a Chief Officer $100 per hour After Hours Inspections $65 per hour (minimum 2 hrs.) Tent Permit Tent over 200 sq. ft. $75.00 Canopy over 400 sq. ft. $75.00 INSPECTIONS DEPARTMENT Building Demolition Deposit 1 & 2 Family Residential & Accessory Structures $2,500 All Other Buildings $5,000 Building Demolition Permit 1 & 2 Family Residential & Accessory Structures $150 $160 All Other Buildings $220 $240 Building Moving Permit $500 Business Licenses Billboards $140 per billboard Commercial Entertainment $280 City Council Meeting of October 7, 2013 (Item No. 6a) Page 6 Title: Public Hearing to Consider First Reading of 2014 Fee Ordinance Courtesy Bench $50 Dog Kennel $150 Environmental Emissions $310 Massage Therapy Establishment $330 Massage Therapy License $100 Therapists holding a Massage Therapy Establishment License $25 $30 Pawnbroker License Fee $2,000 Per Transaction Fee $2 Investigation Fee $1,000 Penalty $50 per day Sexually Oriented Business Investigation Fee (High Impact) $500 High Impact $4,500 Limited Impact $125 Tobacco Products & Related Device Sales $485 $500 Vehicle Parking Facilities Enclosed Parking $215 Parking Ramp $165 Certificate of Occupancy For each condominium unit completed after building occupancy $100 Change of Use (does not apply to 1 & 2 family dwellings) Up to 5,000 sq ft $300 5,001 to 25,000 sq ft $450 25,001 to 75,000 sq ft $670 75,001 to 100,000 sq ft $880 100,000 to 200,000 sq ft $1,100 above 200,000 sq ft $1,310 Temporary Certificate of Occupancy $55 Certificate of Property Maintenance Certificate of Property Maintenance Extension $55 Change in Ownership Condominium Unit $140 Duplex (2 Family dwellings) $300 Multi-Family (apartment) Buildings $250 per building +$12 per unit Single Family Dwellings $220 All Other Buildings: Up to 5,000 sq ft $300 5,001 to 25,000 sq ft $450 25,001 to 75,000 sq ft $670 75,001 to 100,000 sq ft $880 100,000 to 200,000 sq. ft $1,100 above 200,000 sq. ft $1,310 Temporary Certificate of Property Maintenance $70 Construction Permits (building, electrical, fire protection, mechanical, plumbing, pools, utilities) Building and Fire Protection Permits Valuation Up to $500 Base Fee $45 $500.01 to $2,000.00 Base Fee $45 + $2 for each additional (or fraction thereof) $100 over $500.01 $2,000.01 to $25,000.00 Base Fee $75 + $15 for each additional (or fraction thereof) City Council Meeting of October 7, 2013 (Item No. 6a) Page 7 Title: Public Hearing to Consider First Reading of 2014 Fee Ordinance $1,000 over $2,000.01 $25,000.01 to $50,000.00 Base Fee $420 + $10 for each additional (or fraction thereof) $1,000 over $25,000.01 $50,000.01 to $100,000.00 Base Fee $670 + $7 for each additional (or fraction thereof) $1,000 over $50,000.01 $100,000.01 to $500,000.00 Base Fee $1,020 + $5.60 for each additional ( fraction thereof) $1,000 over $100.000.01 $500,000.01 to $1,000,000.00 Base Fee $3,260 + $4.75 for each additional (or fraction thereof) $1,000 over $500,000.01 $1,000,000.01 and up Base Fee $5,635 + $4.25 for each additional ( fraction thereof) $1,000 over $1,000,000.01 Construction Permits (cont.) Single Family Residential Exceptions: Reroofing – asphalt shingled, sloped roofs only House or House and Garage $140 Garage Only $70 Residing House or House and Garage $140 Garage Only $70 Electrical Permit Installation, Replacement, Repair $45 + 1.75% of job valuation Installation of traffic signals per location $150 Single family, one appliance $45 Erosion Control Permit Application and Review $150 ISTS Permit (sewage treatment system install or repair) $125 Mechanical Permit Installation, Replacement, Repair $45 + 1.75% of job valuation Single Family Exceptions: Replace furnace, boiler or furnace/AC $65 Install single fuel burning appliance with piping $65 Install, replace or repair single mechanical appliance $45 Plumbing Permit Installation, Replacement, Repair $45 + 1.75% of job valuation Single Family Exceptions: Repair/replace single plumbing fixture $45 Private Swimming Pool Permit Building permit fees apply Public Swimming Pool Permit Building permit fees apply Sewer & Water Permit (all underground private utilities) Installation, Replacement, Repair $45 + 1.75% of job valuation Single Family Exceptions: Replace/repair sewer or water service $75 Water Access Charge $750 Competency Exams Fees Mechanical per test $30 Renewal - 3 year Mechanical $30 Contractor Licenses Mechanical $100 City Council Meeting of October 7, 2013 (Item No. 6a) Page 8 Title: Public Hearing to Consider First Reading of 2014 Fee Ordinance Solid Waste $200 Tree Maintenance $90 Dog Licenses 1 year $25 2 year $40 3 year $50 Potentially Dangerous Dog License – 1 year $100 Dangerous Dog License – 1 year $250 Interim License $15 Off-Leash Dog Area Permit (non-resident) $55 Penalty for no license $40 Inspections After Hours Inspections $65 per hour (minimum 2 hrs.) Installation of permanent sign w/footing inspection Based on valuation using building permit table Re-Inspection Fee (after correction notice issued and has not been corrected within 2 subsequent inspections) $130 Insurance Requirements A minimum of: Circus $1,000,000 General Liability Commercial Entertainment $1,000,000 General Liability Mechanical Contractors $1,000,000 General Liability Solid Waste $1,000,000 General Liability Tree Maintenance & Removal $1,000,000 General Liability Vehicle Parking Facility $1,000,000 General Liability ISTS Permit Sewage treatment system install or repair $125 License Fees - Other Investigation Fee $300 per establishment requiring a business license Late Fee 25% of license fee (minimum $50) License Reinstatement Fee $250 Transfer of License (new ownership) $75 Plan Review Building Permits 65% of Permit Fee Repetitive Building 25% of Permit Fee for Duplicate Structure Electrical Permits 35% of Permit Fee Mechanical Permits 35% of Permit Fee Plumbing Permits 35% of Permit Fee Sewer & Water Permits 35% of Permit Fee Single Family Interior Remodel Permits 35% of Permit Fee Rental Housing License Condominium/Townhouse/Cooperative $80 per unit Duplex both sides non-owner occupied $150 per duplex Housing Authority owned single family dwelling units $15 per unit Multiple Family Per Building $170 Per Unit $12 Single Family Unit $100 per dwelling unit Temporary Noise Permit $60 Temporary Use Permits Amusement Rides, Carnivals & Circuses $260 Commercial Film Production Application $80 $90 Petting Zoos $60 City Council Meeting of October 7, 2013 (Item No. 6a) Page 9 Title: Public Hearing to Consider First Reading of 2014 Fee Ordinance Vehicle Decals Solid Waste $20 $25 Tree Maintenance & Removal $8 $10 POLICE DEPARTMENT Animals Animal Impound Initial impoundment $25 2nd offense w/in year $40 3rd offense w/in year $50 4th offense w/in year $75 Boarding Per Day $25 Dangerous Dog Annual Review Hearing $250 Potentially Dangerous Dog Annual Review Hearing $100 Criminal Background Investigation Volunteers & Employees $5 False Alarm First $0 Each subsequent in same year $100 Late payment fee 10% Solicitor/Peddler Registration $150 Lost ID Replacement Fee $25 Vehicle Forfeiture Administrative fee in certain vehicle forfeiture cases $250 OPERATIONS & RECREATION PUBLIC WORKS DEPARTMENT Permit to Exceed Vehicle Weight Limitations (MSC) $30 each Winter Parking Permit Caregiver parking $25 No off-street parking available No Charge Off-street parking available $125 Section 3. This ordinance shall take effect January 1, 2014. Public Hearing October 7, 2013 Second Reading October 21, 2013 Date of Publication October 25, 2013 Date Ordinance takes effect January 1, 2014 Reviewed for Administration: Adopted by the City Council October 21, 2013 City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney City Council Meeting of October 7, 2013 (Item No. 6a) Page 10 Title: Public Hearing to Consider First Reading of 2014 Fee Ordinance SUMMARY ORDINANCE NO. _____-13 AN ORDINANCE ADOPTING FEES CALLED FOR BY ORDINANCE FOR CALENDAR YEAR 2014 This ordinance sets 2014 fees as outlined in Appendix A of the City Code of Ordinances. The fee ordinance is modified to reflect the cost of providing services and is completed each year to determine what, if any, fees require adjustment. This ordinance shall take effect January 1, 2014. Adopted by the City Council October 21, 2013 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: October 31, 2013 Meeting: City Council Meeting Date: October 7, 2013 Public Hearing Agenda Item: 6b(1) EXECUTIVE SUMMARY TITLE: 2014 Budget & Property Owner Service Charges for Special Service District No. 1 RECOMMENDED ACTION: Mayor to close public hearing. Motion to Adopt Resolution setting the 2014 Budget and Property Owner Service Charge for Special Service District No. 1 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD #1 budget and property owner service charges? SUMMARY: The 2014 proposed budgets and service charges are very similar to that of past years. Staff has recently held meetings with the property owners from each of the 6 districts and received their support for approving the 2014 budgets and service charges. FINANCIAL OR BUDGET CONSIDERATION: The Recreation Center budget will incur a service charge for the City-owned property located within this district at 3700 Monterey Drive (Recreation Center/Wolfe Park). The proposed service charge for 2014 is $22,802. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Resolution Approving 2014 Budget and Service Charges Proposed 2014 Budget Proposed 2014 Service Charges Prepared by: Scott Merkley, Public Works Services Manager Reviewed by: Mark Hanson, Public Works Superintendent Cindy Walsh, Operations and Recreation Director Approved by: Tom Harmening, City Manager City Council Meeting of October 7, 2013 (Item No. 6b(1)) Page 2 Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 1 DISCUSSION BACKGROUND: History On November 6, 2006, the City Council approved a resolution imposing a multi-year service charge for Special Service District No. 1 (this district is located along Excelsior Boulevard from Quentin Avenue to Highway 100 and along Park Center Boulevard and Monterey Drive). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Property Owners Board approved the proposed 2014 budget and service charges. The notice of public hearing was published in the Sun Sailor on September 20 and October 3, 2013. The public hearing notice was sent to all property owners within the District. Special Service District No. 1 Financial Position Special Service District No. 1 has an anticipated year-end fund balance of approximately $122,930. Proposed 2014 Budget and Service Charges The Property Owners recommended approval of the following: • 2014 budget amount of $126,672; no increase from 2013; and • 2014 service charge amount of $86,672; no increase from 2013. Generally, expenses typically do not reach 100% of budget. The expected unused budget amount along with the service charges for 2014 is anticipated to allow the district to achieve the goal of a 50% fund balance which staff and board agreed should be maintained. The proposed resolution was reviewed by City Attorney, Tom Scott. City Council Meeting of October 7, 2013 (Item No. 6b(1)) Page 3 Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 1 RESOLUTION NO. 13-____ RESOLUTION APPROVING 2014 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 1 WHEREAS, pursuant to Ordinance No. 2067-96, the City Council created Special Service District No. 1 (the “District”) . The specific properties located within the District are identified on Attachment “A” attached hereto; and WHEREAS, pursuant to Resolution No. 06-167, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2016 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 06-167, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 06-167, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by December 1, 2013. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2014 Budget for Special Service District No. 1 of $126,672 is hereby approved as recommended by the Special Service District No. 1 Property Owners. 2. The authorized 2014 Service Charge for Special Service District No. 1 is $86,672 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council October 7, 2013 City Manager Mayor Attest: City Clerk Object Account 2013 Final Budget 2014 Proposed Budget EXPENDITURES SUPPLIES 6212 - GENERAL SUPPLIES 1,000.00 1,000.00 6224 - LANDSCAPING MATERIALS 10,000.00 10,000.00 6210 - SUPPLIES 11,000.00 11,000.00 NON-CAPITAL EQUIPMENT 6303 - OTHER 3,600.00 3,600.00 6303 - SSD -Banner replacements 0.00 6300 - NON-CAPITAL EQUIPMENT 3,600.00 3,600.00 SERVICES & OTHER CHARGES 6410 - GENERAL PROFESSIONAL SERVICES 0.00 0.00 6410 - SSD Mgmt Services 4,500.00 4,500.00 LEGAL 6630 - SSD - snow removal 53,000.00 48,000.00 6630 - SSD Site Maintenance 5,000.00 3,000.00 6630 - SSD - Banner install/removal 2,400.00 2,400.00 6630 - SSD - Irrigation services 9,000.00 8,000.00 6630 - SSD decorative install/maint 7,000.00 7,000.00 6630 - SSD - Landscape services 28,500.00 25,000.00 POSTAGE 6950 - LEGAL NOTICES 153.00 153.00 BUSINESS INSURANCE 7106 - PUBLIC LIABILITY INSURANCE 519.00 519.00 REPAIRS & MAINTENANCE 7205 - BUILDING MTCE SERVICE 8,500.00 7207 - SSD infrastructure repair 0.00 3,000.00 UTILITIES 7301 - ELECTRIC SERVICE 2,000.00 2,000.00 TOTAL EXPENDITURES 126,672.00 126,672.00 SSD #1 Budget - 2014 City Council Meeting of October 7, 2013 (Item No. 6b(1)) Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 1 Page 4 CITY OF ST. LOUIS PARK Attachment A Special Service District #1 Estimated Annual Cost Per Parcel Proposed 2014 Service Charge OWNER PROPOSED ACTUAL 2014 2013 PAR.PID SERVICE SERVICE NO.NO.CHARGE CHARGE 1 3601 Park Center Boulevard PCOB Properties LLC 06-028-24-33-0019 $4,317 $4,317 2 3601 State Hwy No 100 South Dayton Hudson Corp.06-028-24-33-0015 $9,348 $9,348 3 3777 Park Center Boulevard Park Center Ltd.06-028-24-33-0014 $9,820 $9,820 4 5400 Auto Club Way AAA Minneapolis 07-028-24-22-0004 $4,755 $4,755 5 3900 Park Nicollet Boulevard Park Nicollet Health Services 07-028-24-22-0035 $3,687 $3,687 6 5300 Excelsior Boulevard Tower Place LLC 07-028-24-22-0036 $5,314 $5,314 7 5200 Excelsior Boulevard Tower Place LLC 07-028-24-22-0037 $1,210 $1,210 8 5100 Excelsior Boulevard Park Nicollet Health Services 07-028-24-22-0034 $1,690 $1,690 9 3800 Park Nicollet Boulevard Park Nicollet Health Services 07-028-24-22-0031 $5,003 $5,003 10 3800 Park Nicollet Boulevard Park Nicollet Health Services 07-028-24-22-0031 $1,111 $1,111 11 5050 Excelsior Boulevard Park Nicollet Health Services 07-028-24-22-0033 $3,004 $3,004 12 5000 Excelsior Boulevard Park Nicollet Health Services 07-028-24-22-0032 $675 $675 13 4950 Excelsior Boulevard Koblas 07-028-24-21-0006 $492 $492 14 4920 Excelsior Boulevard Park Nicollet Health Services 07-028-24-21-0005 $407 $407 15 4916 Excelsior Boulevard Park Nicollet Health Services 07-028-24-21-0004 $602 $602 16 4951 Excelsior Boulevard Park Nicollet Health Services 07-028-24-21-0253 $3,904 $3,904 17 4961 Excelsior Boulevard Intercity Investment Prop.07-028-24-22-0023 $556 $556 18 4995 Excelsior Boulevard Intercity Investment Prop.07-028-24-22-0024 $748 $748 19 5001 Excelsior Boulevard Intercity Investment Prop.07-028-24-22-0025 $517 $517 20 5201 Excelsior Boulevard Intercity Investment Prop.07-028-24-22-0026 $6,710 $6,710 21 3700 Monterey Drive City of St. Louis Park 06-028-24-34-0022 $22,802 $22,802 TOTALS:$86,672 $86,672 Notes: 1)The proposed 2014 service charge calculations are based upon the same methodology used for the initial service charge collection. 2)For 2014, there were no changes from the 2013 budget or service charges. 3)The proposed 2014 budget is $126,672, but the service charge is only $86,672 because $40,000 was transferred from reserves to lower the fund balance. 4)Commercial sidewalk snow removal charges are on a front footage basis. 5)All other services charges are based on the parcel's square foot area basis. ADDRESS City Council Meeting of October 7, 2013 (Item No. 6b(1)) Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 1 Page 5 Meeting: City Council Meeting Date: October 7, 2013 Public Hearing Agenda Item: 6b(2) EXECUTIVE SUMMARY TITLE: 2014 Budget & Property Owner Service Charges for Special Service District No. 2 RECOMMENDED ACTION: Mayor to close public hearing. Motion to Adopt Resolution setting the 2014 Budget and Property Owner Service Charge for Special Service District No. 2 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD #2 budget and property owner service charges? SUMMARY: The 2014 proposed budgets and service charges are very similar to that of past years. Staff has recently held meetings with the property owners from each of the 6 districts and received their support for approving the 2014 budgets and service charges. FINANCIAL OR BUDGET CONSIDERATION: The Public Works Operations Division budget will incur a service charge for the City-owned property located within this district at 3929 Excelsior Boulevard (bus shelter). The proposed service charge for 2014 is $58. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Resolution Approving 2014 Budget and Service Charges Proposed 2014 Budget Proposed 2014 Service Charges Prepared by: Scott Merkley, Public Works Services Manager Reviewed by: Mark Hanson, Public Works Superintendent Cindy Walsh, Operations and Recreation Director Approved by: Tom Harmening, City Manager City Council Meeting of October 7, 2013 (Item No. 6b(2)) Page 2 Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 2 DISCUSSION BACKGROUND: History On October 20, 2008, the City Council approved a resolution imposing a multi-year service charge for Special Service District No. 2 (this district is located along Excelsior Boulevard from Monterey Drive/38th Street to France Avenue). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Property Owners approved the proposed 2014 budget and service charges. The notice of public hearing was published in the Sun Sailor on September 20 and October 3, 2013. The public hearing notice was sent to all property owners within the District. Special Service District No. 2 Financial Position Special Service District No. 2 has an anticipated year-end fund balance of approximately $28,408. Proposed 2014 Budget and Service Charges The Property Owners recommended approval of the following: • 2014 budget amount of $46,534; reflects no increase from 2013; and • 2014 service charge amount of $43,453; a $5,000 increase from 2013 needed for increased infrastructure maintenance. Generally, expenses typically do not reach 100% of budget. The expected unused budget amount along with the service charges for 2014 is anticipated to allow the district to achieve the goal of a 50% fund balance which staff and board agreed should be maintained. The proposed resolution was reviewed by City Attorney, Tom Scott. City Council Meeting of October 7, 2013 (Item No. 6b(2)) Page 3 Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 2 RESOLUTION NO. 13-____ RESOLUTION APPROVING 2014 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 2 WHEREAS, pursuant to Ordinance No. 2093-97, the City Council created Special Service District No. 2 (the “District”) . The specific properties located within the District are identified on Attachment “A” attached hereto; and WHEREAS, pursuant to Resolution No. 08-133, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2018 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 08-133, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 08-133, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by December 1, 2013. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2014 Budget for Special Service District No. 2 of $46,534 is hereby approved as recommended by the Special Service District No. 2 Property Owners. 2. The authorized 2014 Service Charge for Special Service District No. 2 is $43,453 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council October 7, 2013 City Manager Mayor Attest: City Clerk Object Account 2013 Final Budget 2014 Proposed Budget EXPENDITURES SUPPLIES 6212 - GENERAL SUPPLIES 200.00 200.00 6224 - LANDSCAPING MATERIALS 6,000.00 6,500.00 6210 - SUPPLIES 6,200.00 6,700.00 NON-CAPITAL EQUIPMENT 6303 - OTHER 3,000.00 3,000.00 6303 - SSD -Banner replacements 0.00 6300 - NON-CAPITAL EQUIPMENT 3,000.00 3,000.00 SERVICES & OTHER CHARGES 6410 - GENERAL PROFESSIONAL SERVICES 0.00 0.00 6410 - SSD Mgmt Services 2,000.00 2,000.00 LEGAL 6630 - SSD Site Maintenance 1,000.00 1,000.00 6630 - SSD - Banner install/removal 1,000.00 1,000.00 6630 - SSD - Irrigation services 4,000.00 3,500.00 6630 - SSD decorative install/maint 7,000.00 7,000.00 6630 - SSD - Landscape services 20,000.00 15,000.00 POSTAGE COMMUNICATIONS 6950 - LEGAL NOTICES 143.00 143.00 BUSINESS INSURANCE 7106 - PUBLIC LIABILITY INSURANCE 191.00 191.00 REPAIRS & MAINTENANCE 7207 - SSD infrastructure repair 0.00 5,000.00 UTILITIES 7301 - ELECTRIC SERVICE 2,000.00 2,000.00 7301 - SSD pedestrian 0.00 0.00 TOTAL EXPENDITURES 46,534.00 46,534.00 SSD #2 Budget - 2014 City Council Meeting of October 7, 2013 (Item No. 6b(2)) Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 2 Page 4 CITY OF ST. LOUIS PARK Attachment A Special Service District #2 Estimated Annual Cost Per Parcel Proposed 2014 Service Charge PROPOSED ACTUAL 2014 2013 PID SERVICE SERVICE OWNER NO.CHARGE CHARGE 3924 Excelsior Blvd Ellipse on Excelsior LLC 06-028-24-41-0003 $2,515 $2,226 3542 Minikadha Ct.Sage Company 3551 Huntington Ave.Frank Murray 4100 Excelsior Blvd Sela Roofing & Remodeling 06-028-24-41-0008 $1,460 $1,292 4120 Excelsior Blvd James & Anne Mattson 06-028-24-41-0009 $1,495 $1,323 3921 Excelsior Blvd Alberto Properties LLP 06-028-24-41-0010 $796 $705 3939 Excelsior Blvd Reuben L Anderson-Cherne, Inc.06-028-24-41-0014 $1,251 $1,107 3500 Glenhurst Ave Gary James 4011 Excelsior Blvd Richard Hogan 4015 Excelsior Blvd Jeffery Miller 4025 Excelsior Blvd Terrance Williams 4031 Excelsior Blvd Joann Armstrong 3601 Huntington Ave.Martin & Alice Fowler 3901 Excelsior Blvd Alberto Properties LLP 06-028-24-41-0047 $1,473 $1,304 3900 Excelsior Blvd Ellipse on Excelsior LLC 06-028-24-41-0072 $4,484 $3,969 3929 Excelsior Blvd City of St. Louis Park 06-028-24-41-0067 $58 $51 3925 Excelsior Blvd A & A Agency Inc.06-028-24-41-0068 $923 $817 3947 Excelsior Blvd KMS Management 06-028-24-41-0070 $2,071 $1,834 4300 Excelsior Blvd Lyndly F Opitz & Assoc 06-028-24-43-0017 $670 $593 4306 Excelsior Blvd Lyndly F Opitz & Assoc 06-028-24-43-0018 $573 $508 4308 Excelsior Blvd Lyndly F Opitz & Assoc 06-028-24-43-0019 $790 $699 4301 Excelsior Blvd S & S Investments 06-028-24-43-0020 $1,497 $1,325 4321 Excelsior Blvd Koval Furniture & Appliance 06-028-24-43-0021 $888 $786 3757 Kipling Ave S Bruce Remmington 4409 Excelsior Blvd Samfar Real Estate Inc 06-028-24-43-0040 $783 $693 4415 Excelsior Blvd LynnJoy Holdings LLC 06-028-24-43-0041 $696 $616 4419 Excelsior Blvd Celine Properties LLC 06-028-24-43-0042 $1,611 $1,426 4424 Excelsior Blvd Bridgewater Bank 06-028-24-43-0064 $1,337 $1,184 4331 Excelsior Blvd Furniture Liquidators 06-028-24-43-0091 $1,295 $1,147 4320 Excelsior Blvd Lyndly F Opitz & Assoc 06-028-24-43-0186 $2,215 $1,961 4400 Excelsior Blvd Kamps & Associates LLC 06-028-24-43-0187 $5,342 $4,728 4140 Excelsior Blvd Larson Enterprises 06-028-24-44-0001 $2,585 $2,288 3600 Huntington Ave.Elmer Nordstrom 4115 Excelsior Blvd Kooros & Grace Rejali 4121 Excelsior Blvd Kooros & Grace Rejali 4131 Excelsior Blvd Roxanna, Kooros & Grace Rejali 4221 Excelsior Blvd Prima Investments LLC 06-028-24-44-0088 $429 $379 4143 Excelsior Blvd Sam & Pearl Bix 4201 Excelsior Blvd AMF Properties LLC 06-028-24-44-0173 $2,515 $2,226 4200 Excelsior Blvd Di-Jo-Mi Family LTD Partnership 06-028-24-44-0175 $1,705 $1,509 4150 Excelsior Blvd 4150 Excelsior Blvd. Partnership 06-028-24-44-0176 $2,077 $1,838 TOTALS:$43,534 $38,534 Notes: 1)The proposed 2014 service charge calculations are based upon the same methodology / formulas used for the initial service charge collection. 2)The proposed 2014 budget is $46,534 but the service charge is only $43,534 because $3,000 was transferred from reserves to lower the fund balance. ADDRESS City Council Meeting of October 7, 2013 (Item No. 6b(2)) Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 2 Page 5 Meeting: City Council Meeting Date: October 7, 2013 Public Hearing Agenda Item: 6b(3) EXECUTIVE SUMMARY TITLE: 2014 Budget & Property Owner Service Charges for Special Service District No. 3 RECOMMENDED ACTION: Mayor to close public hearing. Motion to Adopt Resolution setting the 2014 Budget and Property Owner Service Charge for Special Service District No. 3 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD #3 budget and property owner service charges? SUMMARY: The 2014 proposed budgets and service charges are very similar to that of past years. Staff has recently held meetings with the property owners from each of the 6 districts and received their support for approving the 2014 budgets and service charges. FINANCIAL OR BUDGET CONSIDERATION: The TIF / Admin budget will incur a service charge for the City-owned property located within this district at 4790 Excelsior Boulevard (undeveloped property next to the old Bally’s Fitness). The proposed service charge for 2014 is $950. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Resolution Approving 2014 Budget and Service Charges Proposed 2014 Budget Proposed 2014 Service Charges Prepared by: Scott Merkley, Public Works Services Manager Reviewed by: Mark Hanson, Public Works Superintendent Cindy Walsh, Operations and Recreation Director Approved by: Tom Harmening, City Manager City Council Meeting of October 7, 2013 (Item No. 6b(3)) Page 2 Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 3 DISCUSSION BACKGROUND: History On October 15, 2012, the City Council approved a resolution imposing a service charge for Special Service District No. 3 (located along Excelsior Boulevard from Quentin Avenue to Monterey Drive/W. 38th Street). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Property Owners approved the proposed 2014 budget and service charges. The notice of public hearing was published in the Sun Sailor on September 20 and October 3, 2013. The public hearing notice was sent to all property owners within the District. Special Service District No. 3 Financial Position Special Service District No. 3 has an anticipated year-end fund balance of approximately $69,855. Proposed 2014 Budget and Service Charges The Property Owners recommended approval of the following: • 2014 budget amount of $63,600; reflects no increase from 2013; and • 2014 service charge amount of $43,600; a $6,000 decrease from 2013 used to lower the fund balance. Generally, expenses typically do not reach 100% of budget. The expected unused budget amount along with the service charges for 2014 is anticipated to allow the district to achieve the goal of a 50% fund balance which staff and board agreed should be maintained. The proposed resolution was reviewed by City Attorney, Tom Scott. City Council Meeting of October 7, 2013 (Item No. 6b(3)) Page 3 Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 3 RESOLUTION NO. 13-____ RESOLUTION APPROVING 2014 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 3 WHEREAS, pursuant to Ordinance No. 2224-02, the City Council created Special Service District No. 3 (the “District”). The specific properties located within the District are identified on Attachment “A” attached hereto; and WHEREAS, pursuant to Resolution No. 12-149, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2022 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 12-149, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 12-149, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by December 1, 2013. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2014 Budget for Special Service District No. 3 of $63,600 is hereby approved as recommended by the Special Service District No. 3 Advisory Board. 2. The authorized 2014 Service Charge for Special Service District No. 3 is $43,600 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council October 7, 2013 City Manager Mayor Attest: City Clerk Object Account 2013 Final Budget 2014 Proposed Budget EXPENDITURES SUPPLIES 6212 - GENERAL SUPPLIES 500.00 500.00 6224 - LANDSCAPING MATERIALS 5,400.00 5,400.00 6210 - SUPPLIES 5,900.00 5,900.00 NON-CAPITAL EQUIPMENT 6303 - OTHER 2,400.00 2,400.00 6303 - SSD -Banner replacements 0.00 6300 - NON-CAPITAL EQUIPMENT 2,400.00 2,400.00 SERVICES & OTHER CHARGES 6410 - GENERAL PROFESSIONAL SERVICES 0.00 0.00 6410 - SSD Mgmt Services 2,500.00 2,500.00 LEGAL 6630 - SSD - snow removal 28,500.00 23,500.00 6630 - SSD Site Maintenance 1,000.00 1,000.00 6630 - SSD - Banner install/removal 1,000.00 1,000.00 6630 - SSD - Irrigation services 5,000.00 5,000.00 6630 - SSD decorative install/maint 2,400.00 2,400.00 6630 - SSD - Landscape services 12,500.00 12,500.00 POSTAGE COMMUNICATIONS 6950 - LEGAL NOTICES 139.00 139.00 BUSINESS INSURANCE 7106 - PUBLIC LIABILITY INSURANCE 261.00 261.00 REPAIRS & MAINTENANCE 7205 - BUILDING MTCE SERVICE 0.00 0.00 7207 - SSD infrastructure repair 0.00 5,000.00 UTILITIES 7301 - ELECTRIC SERVICE 2,000.00 2,000.00 7301 - SSD pedestrian 0.00 0.00 8501 - OTHER EXPENSE TOTAL EXPENDITURES 63,600.00 63,600.00 SSD #3 Budget - 2014 City Council Meeting of October 7, 2013 (Item No. 6b(3)) Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 3 Page 4 CITY OF ST. LOUIS PARK Attachment A Special Service District #3 Estimated Annual Cost Per Parcel Proposed 2014 Service Charge Sidewalk Front Proposed Actual Area Footage 2014 2013 Address Owner (SF)(LF)PID No.Service Charge Service Charge 4911 Exc Blvd J & F Reddy Rents Inc 653 47 07-028-24-21-0033 $618 $703 4907 Exc Blvd C/O Carol Lindgren 528 50 07-028-24-21-0032 $592 $673 4901 Exc Blvd Margolis Law Firm 596 50 07-028-24-21-0031 $619 $704 4825 Exc Blvd Steve Sanders, Chief Mgr 740 50 07-028-24-21-0017 $675 $768 4821 Exc Blvd Steve Sanders, Chief Mgr 740 48 07-028-24-21-0016 $660 $751 4811 Exc Blvd Robert B Fine 1,173 100 07-028-24-21-0015 $1,230 $1,399 4801 Exc Blvd Gregory Loffhagen 1,562 98 07-028-24-21-0252 $1,367 $1,555 4725 Exc Blvd Excelsior Investments LLC 2,929 230 07-028-24-21-0012 $2,919 $3,321 4701 Exc Blvd J & J Wolfe Properties LLC 1,243 170 07-028-24-21-0011 $1,796 $2,043 4637 Exc Blvd 4617 Excelsior Blvd LLC 1,679 100 07-028-24-21-0009 $1,428 $1,625 4617 Exc Blvd 4617 Excelsior Blvd LLC 1,554 100 07-028-24-12-0052 $1,379 $1,569 4615 Exc Blvd Judith McGrann 1,179 74 07-028-24-12-0051 $1,032 $1,174 4611 Exc Blvd Diamond Group LLC 1,488 92 07-028-24-12-0050 $1,292 $1,470 4601 Exc Blvd Park Blvd LLP 2,930 187 07-028-24-12-0049 $2,589 $2,945 4509 Exc Blvd Park Blvd LLP 1,721 150 07-028-24-12-0048 $1,829 $2,081 4501 Exc Blvd Laurel Properties 890 71 07-028-24-12-0047 $896 $1,019 4900 Exc Blvd Fitness International LLC 5,190 193 07-028-24-21-0002 $3,522 $4,006 4760 Exc Blvd SLP EDA 1,087 68 07-028-24-21-0258 $950 $1,081 4730 Exc Blvd Excelsior & Grand LLC 7,746 542 07-028-24-21-0256 $7,210 $8,202 4630 Exc Blvd Excelsior & Grand LLC 6,550 472 07-028-24-12-0175 $6,202 $7,056 4500 Exc Blvd Blakeley Props & Chalen LP E 7,612 235 06-028-24-43-0191 $4,795 $5,455 49,790 3,127 Total $43,600 $49,600 Notes: 1)The proposed 2014 service charge calculations are based upon the same methodology / formulas used for the initial service charge collection. A) Commercial sidewalk snow removal charges are on a front footage basis. B) All other services charges are based on the parcel's square foot area basis. 2)The proposed 2014 budget is $63,600 but the service charge is only $43,600 because $20,000 was transferred from reserves to lower the fund balance. City Council Meeting of October 7, 2013 (Item No. 6b(3)) Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 3 Page 5 Meeting: City Council Meeting Date: October 7, 2013 Public Hearing Agenda Item: 6b(4) EXECUTIVE SUMMARY TITLE: 2014 Budget & Property Owner Service Charges for Special Service District No. 4 RECOMMENDED ACTION: Mayor to close public hearing. Motion to Adopt Resolution setting the 2014 Budget and Property Owner Service Charge for Special Service District No. 4 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD #4 budget and property owner service charges? SUMMARY: The 2014 proposed budgets and service charges are very similar to that of past years. Staff has recently held meetings with the property owners from each of the 6 districts and received their support for approving the 2014 budgets and service charges. FINANCIAL OR BUDGET CONSIDERATION: The Public Works Operations budget will incur a service charge for the City-owned municipal parking lot located within this district. The proposed service charge for 2014 is $428. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Resolution Approving 2014 Budget and Service Charges Proposed 2014 Budget Proposed 2014 Service Charges Prepared by: Scott Merkley, Public Works Services Manager Reviewed by: Mark Hanson, Public Works Superintendent Cindy Walsh, Operations and Recreation Director Approved by: Tom Harmening, City Manager City Council Meeting of October 7, 2013 (Item No. 6b(4)) Page 2 Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 4 DISCUSSION BACKGROUND: History On July 18, 2005, the City Council approved a resolution imposing a service charge for Special Service District No. 4. (located along Excelsior Boulevard west of Highway 100 to Louisiana Avenue). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Property Owners approved the proposed 2014 budget and service charges. The notice of public hearing was published in the Sun Sailor on September 20 and October 3, 2013. The public hearing notice was sent to all property owners within the District. Special Service District No. 4 Financial Position Special Service District No. 4 has an anticipated year-end fund balance of approximately $62,375. Proposed 2014 Budget and Service Charges The Property Owners recommended approval of the following: • 2014 budget amount of $29,644; reflects a $9,000 decrease from 2013 after a detailed review of expected future expenditures; and • 2014 service charge amount of $14,664; no change from 2013. Generally, expenses typically do not reach 100% of budget. The expected unused budget amount along with the service charges for 2014 is anticipated to allow the district to achieve the goal of a 50% fund balance which staff and board agreed should be maintained. The proposed resolution was reviewed by City Attorney, Tom Scott. City Council Meeting of October 7, 2013 (Item No. 6b(4)) Page 3 Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 4 RESOLUTION NO. 13-____ RESOLUTION APPROVING 2014 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 4 WHEREAS, pursuant to Ordinance No. 2298-05, the City Council created Special Service District No. 4 (the “District”) . The specific properties located within the District are identified on Attachment “A” attached hereto; and WHEREAS, pursuant to Resolution No. 05-100, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2015 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 05-100, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 05-100, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by December 1, 2013. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2014 Budget for Special Service District No. 4 of $29,664 is hereby approved as recommended by the Special Service District No. 4 Advisory Board. 2. The authorized 2014 Service Charge for Special Service District No. 4 is $14,664 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council October 7, 2013 City Manager Mayor Attest: City Clerk Object Account 2013 Final Budget 2014 Proposed Budget EXPENDITURES SUPPLIES 6212 - GENERAL SUPPLIES 950.00 950.00 6224 - LANDSCAPING MATERIALS 5,000.00 4,000.00 6210 - SUPPLIES 5,950.00 4,950.00 NON-CAPITAL EQUIPMENT 6303 - OTHER 2,000.00 1,000.00 6300 - NON-CAPITAL EQUIPMENT 2,000.00 1,000.00 SERVICES & OTHER CHARGES 6410 - GENERAL PROFESSIONAL SERVICES 0.00 0.00 6410 - SSD Mgmt Services 2,500.00 2,500.00 LEGAL 6630 - SSD Site Maintenance 1,000.00 1,000.00 6630 - SSD - Banner install/removal 1,500.00 1,500.00 6630 - SSD - Irrigation services 5,000.00 4,000.00 6630 - SSD decorative install/maint 4,000.00 4,000.00 6630 - SSD - Landscape services 16,000.00 10,000.00 POSTAGE COMMUNICATIONS 6950 - LEGAL NOTICES 56.00 56.00 BUSINESS INSURANCE 7106 - PUBLIC LIABILITY INSURANCE 158.00 158.00 REPAIRS & MAINTENANCE 7207 - OTHER IMPROVEMENT SERVICE 500.00 500.00 7207 - SSD infrastructure repair 0.00 0.00 UTILITIES 7301 - SSD pedestrian 0.00 0.00 TOTAL EXPENDITURES 38,664.00 29,664.00 SSD #4 Budget - 2014 City Council Meeting of October 7, 2013 (Item No. 6b(4)) Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 4 Page 4 CITY OF ST. LOUIS PARK Attachment A Special Service District #4 Estimated Annual Cost Per Parcel Proposed 2014 Service Charge Proposed Actual 2014 2013 PAR Service Service NO.PID #Owner Charge Charge 1 21-117-21-32-0022 6127 Excelsior Blvd Gregory White $279 $279 2 21-117-21-32-0021 6121 Excelsior Blvd Hung LLC $345 $345 3 21-117-21-32-0006 6111 Excelsior Blvd Full Circle Equities LLC $562 $562 4 21-117-21-23-0100 6011 Excelsior Blvd Ward Properties $554 $554 5 21-117-21-23-0097 6001 Excelsior Blvd Sew What Corporation $268 $268 6 21-117-21-24-0195 5925 Excelsior Blvd Dys Properties $734 $734 7 21-117-21-24-0185 5825 Excelsior Blvd Kil-Ben Excelsior, LLC $704 $704 8 21-117-21-24-0209 5813 Excelsior Blvd Universal Outdoor, Inc.$35 $35 9 21-117-21-24-0208 5809 Excelsior Blvd C.B.S. Real Est Prtnr II LLP $239 $239 10 21-117-21-24-0161 5801 Excelsior Blvd MGV Holdings LLC $276 $276 11 21-117-21-24-0193 5717 Excelsior Blvd LMC, Inc $624 $624 12 21-117-21-24-0141 5707 Excelsior Blvd Len Paul/Gene Pretty Good LLC $475 $475 13 20-117-21-41-0009 6600 Excelsior Blvd Methodist Hospital $2,028 $2,028 14 20-117-21-14-0026 6500 Excelsior Blvd Methodist Hospital $1,074 $1,074 15*6200 & 6250 Excelsior Blvd $1,541 $1,541 16 21-117-21-23-0130 6112 Excelsior Blvd Snyder Electric Co.$306 $306 17 21-117-21-23-0155 6100 Excelsior Blvd Laurene I Meger $213 $213 18 21-117-21-23-0128 6006 Excelsior Blvd RRK LLC $154 $154 19 21-117-21-23-0127 6002 Excelsior Blvd Fitrz Inc $296 $296 20 City Municipal Parking Lot City of St. Louis Park $428 $428 21 21-117-21-23-0011 5930 Excelsior Blvd Leonard C Riley $210 $210 22 21-117-21-23-0010 5922 Excelsior Blvd Muriel B. Frederick $99 $99 23 21-117-21-23-0156 5916 Excelsior Blvd Rackner & Rackner $518 $518 24 21-117-21-24-0083 5900 Excelsior Blvd Realty Income Props 3 LLC $469 $469 25 21-117-21-24-0067 5810 Excelsior Blvd 5812 Excelsior Blvd. Co $396 $396 26 21-117-21-24-0066 5804 Excelsior Blvd 5804 Excelsior Blvd., LLC $338 $338 27 21-117-21-24-0040 5720 Excelsior Blvd Holiday Stationstores Inc.$597 $597 28 21-117-21-24-0202 5608 Excelsior Blvd Helmut Mauer $367 $367 29 21-117-21-24-0019 5600 Excelsior Blvd Payday America Inc.$535 $535 $14,664 $14,664 **Denoted properties that are in phase 2 construction, is so will not be charged in 2011 **6200 & 6250 Excelsior Blvd Charges 2014 2013 21-117-21-32-0133 6200 Excelsior Blvd 101 Mark S Bloomberg $90 $90 21-117-21-32-0134 6200 Excelsior Blvd 102 Charles and Janice Woodson $94 $94 21-117-21-32-0135 6200 Excelsior Blvd 103 Laurie G Holasek $91 $91 21-117-21-32-0136 6200 Excelsior Blvd 104 Laurie G Holasek $102 $102 21-117-21-32-0137 6200 Excelsior Blvd 201 Dennis and Lois Schlutter $87 $87 21-117-21-32-0138 6200 Excelsior Blvd 202 Dennis and Lois Schlutter $91 $91 21-117-21-32-0139 6200 Excelsior Blvd 203 Unite Rope Holland Dist $119 $119 21-117-21-32-0140 6200 Excelsior Blvd 204 Dennis and Lois Schlutter $105 $105 21-117-21-32-0141 6250 Excelsior Blvd 101 Nemer Fieger & Assoc Inc $96 $96 21-117-21-32-0142 6250 Excelsior Blvd 102 Lgh Properties LLC $89 $89 21-117-21-32-0143 6250 Excelsior Blvd 103 Donald J & Joyce E Borgen $98 $98 21-117-21-32-0144 6250 Excelsior Blvd 104 Lgh Properties LLC $88 $88 21-117-21-32-0145 6250 Excelsior Blvd 201 James V and June M Fieger $94 $94 21-117-21-32-0146 6250 Excelsior Blvd 202 Skads Travel Service Inc $85 $85 21-117-21-32-0147 6250 Excelsior Blvd 203 Lgh Properties LLC $124 $124 21-117-21-32-0148 6250 Excelsior Blvd 204 Joseph Urista $88 $88 $1,541 $1,541 Notes: *Denotes properties with a single street address but have sub-units that are independently owned. 1)The proposed 2014 service charge calculations are based upon the same methodology / formulas used for the initial service charge collection. 2)The proposed 2014 budget is $38,664 but the service charge is only $14,664 because $24,000 was transferred from reserves to lower the fund balance. Address City Council Meeting of October 7, 2013 (Item No. 6b(4)) Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 4 Page 5 Meeting: City Council Meeting Date: October 7, 2013 Public Hearing Agenda Item: 6b(5) EXECUTIVE SUMMARY TITLE: 2014 Budget & Property Owner Service Charges for Special Service District No. 5 RECOMMENDED ACTION: Mayor to close public hearing. Motion to Adopt Resolution setting the 2014 Budget and Property Owner Service Charge for Special Service District No. 5 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD #5 budget and property owner service charges? SUMMARY: The 2014 proposed budgets and service charges are very similar to that of past years. Staff has recently held meetings with the property owners from each of the 6 districts and received their support for approving the 2014 budgets and service charges. FINANCIAL OR BUDGET CONSIDERATION: None. There is not any City owned properties within this district. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Resolution Approving 2014 Budget and Service Charges Proposed 2014 Budget Proposed 2014 Service Charges Prepared by: Scott Merkley, Public Works Services Manager Reviewed by: Mark Hanson, Public Works Superintendent Cindy Walsh, Operations and Recreation Director Approved by: Tom Harmening, City Manager City Council Meeting of October 7, 2013 (Item No. 6b(5)) Page 2 Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 5 DISCUSSION BACKGROUND: History On February 2, 2009, the City Council approved a resolution imposing a service charge for Special Service District No. 5 (located along Park Place Boulevard between I-394 and Cedar Lake Road). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Property Owners approved the proposed 2014 budget and service charges. The notice of public hearing was published in the Sun Sailor on September 20 and October 3, 2013. The public hearing notice was sent to all property owners within the District. Special Service District No. 5 Financial Position Special Service District No. 5 has an anticipated year-end fund balance of approximately $20,284. Proposed 2014 Budget and Service Charges The Property Owners recommended approval of the following: • 2014 budget amount of $27,198; reflects no change from 2013; and • 2014 service charge amount of $18,698; no change from 2013. Generally, expenses typically do not reach 100% of budget. The expected unused budget amount along with the service charges for 2014 is anticipated to allow the district to achieve the goal of a 50% fund balance which staff and board agreed should be maintained. The proposed resolution was reviewed by City Attorney, Tom Scott. City Council Meeting of October 7, 2013 (Item No. 6b(5)) Page 3 Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 5 RESOLUTION NO. 13-____ RESOLUTION APPROVING 2014 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 5 WHEREAS, pursuant to Ordinance No. 2371-09, the City Council created Special Service District No. 5 (the “District”). The specific properties located within the District are identified on Attachment “A” attached hereto; and WHEREAS, pursuant to Resolution No. 09-021, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2015 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 09-021, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 09-021, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by December 1, 2013. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2014 Budget for Special Service District No. 5 of $27,198 is hereby approved as recommended by the Special Service District No. 5 Property Owners. 2. The authorized 2014 Service Charge for Special Service District No. 5 is $18,698 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council October 7, 2013 City Manager Mayor Attest: City Clerk Object Account 2013 Final Budget 2014 Proposed Budget EXPENDITURES SUPPLIES 6212 - GENERAL SUPPLIES 500.00 500.00 6223 - banner replacement 0.00 6224 - LANDSCAPING MATERIALS 5,000.00 5,000.00 6210 - SUPPLIES 5,500.00 5,500.00 NON-CAPITAL EQUIPMENT SERVICES & OTHER CHARGES 6410 - GENERAL PROFESSIONAL SERVICES 0.00 0.00 6410 - SSD Mgmt Services 3,250.00 3,250.00 LEGAL 6630 - OTHER CONTRACTUAL SERVICES 6630 - SSD Site Maintenance 500.00 500.00 6630 - SSD - Banner install/removal 1,000.00 1,000.00 6630 - SSD - Irrigation services 3,000.00 3,000.00 6630 - SSD decorative install/maint 3,000.00 3,000.00 6630 - SSD - Landscape services 9,000.00 9,000.00 POSTAGE COMMUNICATIONS 6950 - LEGAL NOTICES 136.00 136.00 BUSINESS INSURANCE 7106 - PUBLIC LIABILITY INSURANCE 112.00 112.00 REPAIRS & MAINTENANCE 7207 - OTHER IMPROVEMENT SERVICE 300.00 300.00 UTILITIES 7301 - ELECTRIC SERVICE 1,400.00 1,400.00 7301 - SSD pedestrian 0.00 7301 - SSD decorative 0.00 TOTAL EXPENDITURES 27,198.00 27,198.00 SSD #5 Budget - 2014 City Council Meeting of October 7, 2013 (Item No. 6b(5)) Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 5 Page 4 CITY OF ST. LOUIS PARK Attachment A Special Service District #5 Estimated Annual Cost Per Parcel Proposed 2014 Service Charge Proposed Actual 2014 2013 PID Address Owner Service Charge Service Charge 04-117-21-31-0018 5611 Wayzata Blvd KK Corporation $721 $721 04-117-21-31-0019 1500 Park Place Blvd Doubletree Hotel $4,234 $4,234 04-117-21-34-0043 5600 Cedar Lake Rd Inland Real Estate Corp $1,515 $1,515 04-117-21-34-0044 1690 Park Place Blvd James & Patricia Oslund $667 $667 04-117-21-34-0045 1650 Park Place Blvd Inland Real Estate Corp $820 $820 04-117-21-34-0046 1620 Park Place Blvd Inland Real Estate Corp $743 $743 04-117-21-34-0047 5699 16th St W Inland Real Estate Corp $746 $746 04-117-21-34-0049 1700 Park Place Blvd Costco Wholesale $584 $584 04-117-21-34-0050 5601 16th St W Inland Ryan LLC $572 $572 30-029-24-32-0026 5353 Wayzata Blvd 5353 Wayzata LLC $1,477 $1,477 30-029-24-33-0011 5401 Gamble Dr MLCFC 2006-4 S $1,305 $1,305 30-029-24-33-0015 5402 Parkdale Dr MLCFC 2006-4 S $2,360 $2,360 30-029-24-32-0022 5370 16th St W Shops at West End $667 $667 30-029-24-33-0031 1600 West End Blvd Shops at West End $2,287 $2,287 $18,698 $18,698 Notes: 1)The proposed 2014 service charge calculations are based upon the same methodology / formulas used for the initial service charge collection. 2)The 2014 budget is $27,198 but the service charge is only $18,698 because $8500 was transferred from reserves to lower the fund balance. City Council Meeting of October 7, 2013 (Item No. 6b(5)) Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 5 Page 5 Meeting: City Council Meeting Date: October 7, 2013 Public Hearing Agenda Item: 6b(6) EXECUTIVE SUMMARY TITLE: 2014 Budget & Property Owner Service Charges for Special Service District No. 6 RECOMMENDED ACTION: Mayor to close public hearing. Motion to Adopt Resolution setting the 2014 Budget and Property Owner Service Charge for Special Service District No. 6 and directing staff to certify the annual service charges to Hennepin County. POLICY CONSIDERATION: Does the City Council wish to approve SSD #6 budget and property owner service charges? SUMMARY: The 2014 proposed budgets and service charges are very similar to that of past years. Staff has recently held meetings with the property owners from each of the 6 districts and received their support for approving the 2014 budgets and service charges. FINANCIAL OR BUDGET CONSIDERATION: None. There is not any City owned properties within this district. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Resolution Approving 2014 Budget and Service Charges Proposed 2014 Budget Proposed 2014 Service Charges Prepared by: Scott Merkley, Public Works Services Manager Reviewed by: Mark Hanson, Public Works Superintendent Cindy Walsh, Operations and Recreation Director Approved by: Tom Harmening, City Manager City Council Meeting of October 7, 2013 (Item No. 6b(6)) Page 2 Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 6 DISCUSSION BACKGROUND: History On June 15, 2009, the City Council approved a resolution imposing a service charge for Special Service District No. 6 (located along 36th Street W. from Wooddale Avenue to Highway 100). Annually, the City Council must set a service charge for the District following a public hearing on the proposed charge. The Special Service District Property Owners approved the proposed 2014 budget and service charges. The notice of public hearing was published in the Sun Sailor on September 20 and October 3, 2013. The public hearing notice was sent to all property owners within the District. Special Service District No. 6 Financial Position Special Service District No. 6 has an anticipated year-end fund balance of approximately $27,709. Proposed 2014 Budget and Service Charges The Property Owners recommended approval of the following: • 2014 budget amount of $25,155; no change from 2013; and • 2014 service charge amount of $13,155; $6,000 decrease from 2013 to lower the fund balance reserve. Generally, expenses typically do not reach 100% of budget. The expected unused budget amount along with the service charges for 2014 is anticipated to allow the district to achieve the goal of a 50% fund balance which staff and board agreed should be maintained. The proposed resolution was reviewed by City Attorney, Tom Scott. City Council Meeting of October 7, 2013 (Item No. 6b(6)) Page 3 Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 6 RESOLUTION NO. 13-____ RESOLUTION APPROVING 2014 BUDGET AND SERVICE CHARGES FOR SPECIAL SERVICE DISTRICT NO. 6 WHEREAS, pursuant to Ordinance No. 2374-09, the City Council created Special Service District No. 5 (the “District”). The specific properties located within the District are identified on Attachment “A” attached hereto; and WHEREAS, pursuant to Resolution No. 09-078, the City Council is authorized to impose service charges within the District on a multi-year basis through and including the year 2015 for taxes payable in said year; and WHEREAS, pursuant to Section 2.04 of Resolution No. 09-078, the maximum budget to be imposed in any year will be subject to adjustment calculations based on Consumer Price Index (CPI) data for the Minneapolis/St. Paul Metropolitan Area; and WHEREAS, pursuant to Section 3 of Resolution No. 09-078, the Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; and WHEREAS, the City is required by Statute to certify assessments to the County by December 1, 2013. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. The 2014 Budget for Special Service District No. 6 of $25,155 is hereby approved as recommended by the Special Service District No. 6 Property Owners. 2. The authorized 2014 Service Charge for Special Service District No. 6 is $13,155 in the amounts and against the properties specified on Attachment “A” attached to this Resolution. Reviewed for Administration: Adopted by the City Council October 7, 2013 City Manager Mayor Attest: City Clerk Object Account 2013 Final Budget 2014 Proposed Budget EXPENDITURES SUPPLIES 6212 - GENERAL SUPPLIES 200.00 200.00 6224 - LANDSCAPING MATERIALS 3,700.00 3,700.00 6210 - SUPPLIES 3,900.00 3,900.00 NON-CAPITAL EQUIPMENT SERVICES & OTHER CHARGES 6410 - GENERAL PROFESSIONAL SERVICES 0.00 0.00 6410 - SSD Mgmt Services 2,500.00 2,500.00 LEGAL 6630 - SSD Site Maintenance 1,000.00 1,000.00 6630 - SSD - Banner install/removal 1,000.00 1,000.00 6630 - SSD - Irrigation services 3,000.00 3,000.00 6630 - SSD decorative install/maint 3,500.00 3,500.00 6630 - SSD - Landscape services 9,000.00 9,000.00 POSTAGE COMMUNICATIONS 6950 - LEGAL NOTICES 151.00 151.00 BUSINESS INSURANCE 7106 - PUBLIC LIABILITY INSURANCE 104.00 104.00 REPAIRS & MAINTENANCE 7207 - OTHER IMPROVEMENT SERVICE 1,000.00 1,000.00 7207 - SSD infrastructure repair 0.00 0.00 TOTAL EXPENDITURES 25,155.00 25,155.00 SSD #6 Budget - 2014 City Council Meeting of October 7, 2013 (Item No. 6b(6)) Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 6 Page 4 CITY OF ST. LOUIS PARK Attachment A Special Service District #6 Estimated Annual Cost Per Parcel Proposed 2014 Service Charge Proposed Actual 2014 2013 PID Address Owner Service Charge Service Charge 16-117-21-34-0027 3601 Wooddale Ave TowerLight Senior Living $2,277 $3,315 16-117-21-34-0355 5600 36th St W SLP Harmony Marketplace LLC $2,130 $3,103 16-117-21-34-0073 5605 36th St W 36th Street LLC $2,027 $2,952 16-117-21-34-0068 5800 36th St W Standal Properties Inc $1,205 $1,755 16-117-21-34-0040 5700 36th St W Standal Properties Inc $1,205 $1,755 16-117-21-34-0077 5721 36th St W Arnold R Bloomquist $846 $1,232 16-117-21-34-0072 5701 36th St W M A Lerner & S O Lerner $761 $1,108 16-117-21-34-0024 3575 Wooddale Ave City of St. Louis Park $402 $585 16-117-21-34-0042 5814 36th St W City of St. Louis Park $402 $585 16-117-21-34-0041 5816 36th St W City of St. Louis Park $402 $585 16-117-21-34-0038 5724 36th St W LRJ of Minnesota Ltd Partnership $402 $585 16-117-21-34-0071 5718 36th St W M A Lerner & S O Lerner $402 $585 16-117-21-34-0046 5727 36th St W R & SA Investment LLC $402 $585 16-117-21-34-0015 3536 State Hwy No 100 S SLMB LLC $292 $425 16-117-21-34-0001 5810 37th St W Rottlund Homes $0 $0 Total $13,155 $19,155 Notes: 1)The proposed 2014 service charge calculations are based upon the same methodology / formulas used for the initial service charge collection. 2)The proposed 2014 budget is $25,155 but the service charge is only $13,155 because $12,000 was paid from reserves to lower the fund balance. City Council Meeting of October 7, 2013 (Item No. 6b(6)) Title: 2014 Budget & Property Owner Service Charges for Special Service District No. 6 Page 5 Meeting: City Council Meeting Date: October 7, 2013 Action Agenda Item: 8a EXECUTIVE SUMMARY TITLE: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave RECOMMENDED ACTION: • Motion to approve First Reading of an ordinance amending the Zoning Map for 4017 Utica Avenue and 3998 Wooddale Avenue South from R-2 Single-Family Residence to R-4 Multiple-Family Residence. • Motion to Adopt Resolution approving the Preliminary and Final Plat of Wooddale Flats with Subdivision Variance and conditions. • Motion to Adopt Resolution approving the Preliminary and Final Planned Unit Development (PUD) for Wooddale Flats with conditions. POLICY CONSIDERATION: Does the City Council wish to rezone the subject property, approve the Preliminary and Final Plat with subdivision variance and approve the proposed Planned Unit Development (PUD) and modifications for Wooddale Flats? SUMMARY: The subject property is the site of the former Most Holy Trinity Church and School. The proposed development includes six new condominium buildings with a total of 33 units. The existing church/school building, playground and two single-family homes would be razed. The project includes five three-story buildings and one two-story building. The proposed site plan provides sidewalk connections through and around the site and includes areas for stormwater management, outdoor recreation, and landscaping. The development provides on- site parking for residents in garages and in 52 surface stalls along a private driveway behind the six buildings. The overall net density of the development would be 15 units per acre. Wooddale Flats, LLC requests final approvals of the Rezoning, Preliminary and Final Plat and Preliminary and Final PUD. The Planning Commission recommended approval of the Rezoning, Preliminary and Final Plat and Preliminary and Final PUD at its September 18, 2013 meeting with a 4-0 vote. An excerpt of the draft meeting minutes is attached. Approval of the Final PUD requires a supermajority of the full City Council (five of the seven members). FINANCIAL OR BUDGET CONSIDERATION: Not applicable VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion Ordinance Resolutions Excerpt of Planning Commission Minutes Zoning Map Development Plans Prepared by: Ryan Kelley, Associate Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of October 7, 2013 (Item No. 8a) Page 2 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave DISCUSSION BACKGROUND: The Church of the Most Holy Trinity was established on the site in 1944. They merged with Our Lady of Grace in Edina and closed at the subject property in December of 2011. A charter school that was operating in the building subsequently closed in 2012. Gatehouse Properties Ltd. has entered into a purchase agreement with Our Lady of Grace for the site. The purchase includes two parcels containing two single-family homes, the church/school building and a playground. EXISTING CONDITIONS: Comprehensive Plan: Medium Density Residential (MH) Current Zoning: R2 Single-Family Residence District Proposed Zoning: R4 Multiple-Family Residence District (portion of property) Property Area: 93,638 square feet or 2.15 acres (net area) Existing Use: Vacant; Former Most Holy Trinity Church & School building and grounds DEVELOPMENT PROPOSAL: Wooddale Flats, LLC proposes to develop six new townhome buildings for a total of 33 units with garage and on-site surface parking. The existing church and school building, playground and the two single-family homes on the property would be demolished. The site is currently five to six feet below the grade of the surrounding streets, effectively sitting as a bowl between Wooddale Avenue to the east, Toledo Avenue to the south and Utica Avenue to the west. The applicant proposes to fill the site so it has a similar elevation to adjacent streets. The development would include a two-story building on the south end of the site and five three- story buildings moving north along Wooddale Avenue. The two-story building contains three units and each three-story building contains six units, for a total of 33 units and a density of 15 units per acre. The units will be marketed as owner-occupied condos. The three-story buildings each provide two roof-top decks, with one deck available for purchase by a single unit, and the other deck remaining available for the other units of that building. The site was designed with the two-story building on the south end of the property as a transition from the single-family residential to the three-story buildings. The buildings are placed closer to the street to enhance the frontage along Wooddale Avenue. The developer is also proposing to bury the overhead electric lines along the site’s frontage on Wooddale Avenue. The site plan includes areas for underground storm water management, landscaping, a dog exercise area and outdoor recreation. Parking will be provided in attached garages and in surface parking lots on-site. In addition to landscaping provided throughout the site, five vegetable gardens will be provided for residents’ use. City Council Meeting of October 7, 2013 (Item No. 8a) Page 3 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave REZONING: The project site includes two parcels which the applicant is requesting to rezone. Both parcels are guided for Medium Density Residential (RM) in the City’s Comprehensive Plan. This guidance was recently approved by the City Council on August 5, 2013. Rezoning the properties from R-2 Single-Family Residence to R-4 Multiple-Family Residence is proposed to make the zoning consistent with the land use guidance. In the Comprehensive Plan, Medium-Density Residential allows densities up to 30 units per acre, and R-4 Multiple-Family Residence zoning generally allows densities up to 30 units per acre. The rezoning to R4 is appropriate and consistent with the Comprehensive Plan designation. Staff and the Planning Commission recommend approval of the rezoning. PRELIMINARY AND FINAL PLAT: The Wooddale Flats plat would combine two parcels. A plat is required as Parcel 2 is currently described by metes and bounds. The plat also dedicates right-of-way over a portion Wooddale Avenue South and a turn-around for the alley located on the western edge of the subject property. Lot Information: The newly platted property would be “Lot 1 Block 1 Wooddale Flats” and be 93,638 square feet (2.15 acres) in size. Right-of-way Dedication: The plat dedicates approximately 9,792 square feet of right-of-way over Wooddale Avenue South and approximately 2,063 square feet of right-of-way for the turn-around at the end of the alley on the western side of the Wooddale Flats site. Utility Easements: The plat provides all required drainage and utility easements along the perimeter of the site, except along the perimeter of the alley turn-around. City engineering staff have requested that the easement not be provided along the alley turn-around. Not providing the easement in this area requires the granting of a subdivision variance. Subdivision Variance: Due to the topography of the site, a retaining wall around the alley turn- around is required. Because of the retaining wall, site constraints related to topography, and space constraints between the retaining wall and parking curb, engineering staff have determined an easement along the alley turn-around is not needed. Additionally, City engineering staff have indicated that if utilities were to be placed in this area, they would be placed in a linear route along the alley or under it, and not in a circuitous route along the turn-around. Staff finds that the granting of the variance is warranted due to site constraints related to topography and drainage, and that the granting of the variance will not be detrimental to the public health, safety and welfare, nor is the granting of the variance contrary to the intent of the Comprehensive Plan. All utility service lines must be buried. Park & Trail Dedication The developer will be required to pay park and trail dedication fees in lieu of land dedication. The current park dedication fee is $1,500 per dwelling unit, and the current trail dedication fee is $225 per unit. The total park dedication fee is $49,500, and the total trail dedication fee is $7,425. The Parks and Recreation Advisory Commission recommended approval of the park and trail dedication fees in lieu of land dedication at their September 18, 2013 meeting. City Council Meeting of October 7, 2013 (Item No. 8a) Page 4 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Public Sidewalks The existing public sidewalk along Wooddale Avenue is 6.5’ wide with a narrow boulevard along the southern portion of the subject property and a narrow bituminous strip to the back of the curb along the northern portion of the subject property. The existing sidewalk along Utica Avenue is 6’ wide with an approximately 5’6” boulevard and the existing sidewalk along Toledo Avenue is 5’ wide with an approximately 5’ boulevard. The zoning code requires sidewalks to be six feet wide adjacent to multiple family developments. The plan proposes to remove and replace the sidewalks surrounding the site at the required six feet width and generally provides a five feet wide landscaped boulevard between the sidewalk and street curb. In addition to providing a new boulevard and burying the overhead electric lines along this portion of Wooddale Avenue, new boulevard trees will be planted along Wooddale, Toledo and Utica Avenues. Staff and the Planning Commission recommend approval of the preliminary and final plat with subdivision variance. PRELIMINARY AND FINAL PUD REVIEW: The following analysis in the Zoning Compliance Table assumes the zoning will change to R4 Multiple Family Residential as requested by the applicant. The proposal meets most requirements of the Zoning Ordinance. Some modifications to the standards may be approved with a PUD. City Council Meeting of October 7, 2013 (Item No. 8a) Page 5 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Zoning Compliance Table. Factor Allowed/Required Proposed Met Use Multiple Family Residence 33-unit Townhome Development Yes Lot Area 2.0 acres for a PUD 2.15 acres Yes Density 30 units/acre; more with a PUD 15 units/acre Yes Height 3 stories or 40 feet; taller buildings allowed with a PUD Bldg 1: 26 feet Yes Bldgs. 2-6: 3 stories and 43 feet to top of parapet (PUD modification required) Parking 76 stalls (1 per bedroom) 86 off-street stalls; 5 provided for adjacent property Yes Front Yard (East) Bldg. 1: 34 feet; modifications allowed with a PUD 15 feet (PUD modification required) Yes Bldgs. 2-6: 43 feet; modifications allowed with a PUD 15 feet (PUD modification required) Rear Yard (West) Bldg. 1: 25 feet ~36 feet Yes Bldgs. 2-6: 25 feet to garage 43 feet to units; modifications allowed with a PUD Bldg. 4: 15 feet to garage (PUD modification required) All other rear setbacks exceeded Side Yard (North) 35 feet; modifications allowed with a PUD 20 feet (PUD modification required) Yes Side Yard (South) 23 feet; modifications allowed with a PUD 14 feet (PUD modification required) Yes Distance between Buildings Bldgs. 1-2: 35 feet Bldgs. 2-6: 43 feet Modifications allowed with a PUD Bldgs. 1-2: 13 feet Bldgs. 2-6: 17 feet (PUD modification required) Yes Floor Area Ratio .7; modifications allowed with a PUD 0.91 (PUD modification required) Yes Ground Floor Area Ratio 0.35 .31 Yes D.O.R.A. 11,237 square feet (12%) 13,881 (14.8%) Yes Landscaping 76 trees 77 trees Yes 189 shrubs 207 shrubs, 345 perennials/grasses Alternative landscaping Roof top decks, pedestrian connections, dog exercise area, vegetable gardens Stormwater Required city and watershed standards Storm water management is provided Yes City Council Meeting of October 7, 2013 (Item No. 8a) Page 6 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Architectural Design Description The two-story building and three-story buildings make use of similar materials and design elements so that they are complementary to one another. The architecture of the two-story building is more similar to a large, single-family home with the design of its decks, front entrance and gabled roof. The three-story buildings incorporate columns at the building edges, with decks, multiple planes, and a mix of materials on the front façade to break up the mass of the building. The two-story building is 33’ to the top of the gable. The three-story buildings are 42’6” to the top of the parapet wall which surrounds the roof-top decks. The three-story buildings have elements in the center of the building over the stairwells and service areas of the roof-top decks that are 48’ and the height to the top of the elevator penthouse is 51’. Materials Building materials include brick, glass, stucco, stone sills and cement board siding. The percentage of class I materials varies depending on the elevation, and ranges from 60% to 78%. The building meets the minimum 60% class I requirement on each building elevation. Parking The zoning code requires one parking stall per bedroom for multiple family residential buildings. The development has a total of 76 bedrooms and provides 86 on-site parking spaces in a combination of 34 garage stalls and 52 surface parking stalls. The plan exceeds City parking requirements. There is an easement recorded against 4029 Utica Avenue, to the west of Wooddale Flats, which grants the use of a portion of land to Wooddale Flats. This property has historically used a portion of the Most Holy Trinity parking lot, yet no agreement has been in place. The two properties have drafted an access and parking agreement in which Wooddale Flats will provide five parking spaces to 4029 Utica Avenue. Subtracting those five spaces from the total spaces provided on the Wooddale Flats property leaves 81 parking stalls available to Wooddale Flats. Utilities and Storm Water Utilities City engineering staff and the Building Official have reviewed the plans. All private utilities will be buried. The applicant is also proposing to bury the overhead electric lines on Wooddale Avenue along the subject property. A sanitary connection has been proposed from the site to a Metropolitan Council Environmental Services (MCES) line in Wooddale Avenue. The applicant has applied for the permit for this connection. Storm Water The site presents a number of challenges to managing storm water as it is essentially a bowl between Wooddale Avenue, Utica Avenue and Toledo Avenue. The site currently has nine “French drains”, which are catch basins and a pipe that runs directly into the ground. This system is no longer allowed in the state of Minnesota. Due to the topography of the site and the French drains, no storm water currently leaves the site. The applicant has proposed an underground storage and infiltration storm water management system which has been reviewed by City engineering staff and Minnehaha Creek Watershed District staff. The Watershed District is requiring a system that holds all storm water from a 100-year flood event on-site. The applicant is revising the system plans in conversation with City City Council Meeting of October 7, 2013 (Item No. 8a) Page 7 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave engineering staff and Watershed District staff. The proposed system will meet the City’s rate control requirements. The final plan requires review and approval by the Minnehaha Creek Watershed District. Grading The grading plan includes the filling in of the majority of the subject property. The project engineer has projected that approximately 3,000 cubic yards of fill will be required. There are areas of the site that will still be approximately one to two feet below the grades of the adjacent streets. Typical construction equipment will be used on-site, such as excavators and dump trucks. The Grading Plan delineates that construction equipment to and from the site shall be limited to Highway 100 to Excelsior Boulevard to Wooddale Avenue to either Toledo Avenue or Vernon Avenue and Utica Avenue to the site. Engineering Plans indicate that no traffic is to travel south of the site access points on Toledo Avenue or Utica Avenue. The Plans also indicate that workforce parking is to occur on the project site. City engineering staff have reviewed the grading plan and are working with the project engineer on final revisions. Final approval by City engineering staff and the submission of a Soil Analysis Report of intended fill material is required before the issuance of an Erosion Control Permit. Traffic and Circulation: A traffic study was conducted by SRF Consulting Group when the City reviewed the Comprehensive Plan Amendment. The study concluded that the surrounding street and intersection capacity is sufficient to handle the projected traffic from the proposed development. A comparison between the last three years of enrollment at the school and the proposed Wooddale Flats development was made for traffic impacts. The study indicates that there would be a slight increase in the overall number of average daily trips, a similar number of p.m. peak hour trips and significantly fewer a.m. peak hour trips. An excerpt and summary table from the report are below. “Results of the trip generation estimates shown in Table 3 indicate the proposed redevelopment is expected to generate 15 a.m. peak hour, 17 p.m. peak hour, and 198 daily trips. Daily trips generated by the proposed redevelopment are expected to be slightly higher than trips generated by the charter school in more recent years (year 2009 through year 2011). However, the peak hour trip generation estimates indicate the proposed redevelopment is likely to generate roughly the same amount of p.m. peak hour trips, but significantly less a.m. peak hour trips than the former land use.” City Council Meeting of October 7, 2013 (Item No. 8a) Page 8 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Operations at the intersection of Wooddale Avenue and Excelsior Boulevard are considered acceptable, though there is congestion at this intersection. Recommendations in the study report regard general traffic congestion in the area. City Staff have discussed these recommendations and are following up with Hennepin County on evaluating proposed recommendations. Landscaping The landscaping plan provides a variety of 13 deciduous canopy trees, 20 evergreen trees, and 44 ornamental trees. There are also 207 deciduous and evergreen shrubs and 345 perennials/grasses. Many of the plants selected are native species. The plantings are focused along the boulevards, pedestrian walkways, patios and building foundations. Evergreen and ornamental trees are proposed along the property line with the residential parcel to the south along with shrubs screening the parking area along Utica Avenue. The subject property is also providing a six foot high cedar privacy fence along the residential and alley areas to the south and west. Staff finds the plan meets the landscaping requirements. Tree removal is included in the demolition plan. The proposed landscaping plan satisfies the City’s tree replacement requirements. The five trees that will be kept along the perimeter of the property will be protected and preserved per City requirements. Designed Outdoor Recreation Area (DORA) The City requires 12% (11,236 sq. ft.) of the lot area to be DORA. The project provides 15%, or 13, 881 sq. ft. DORA includes one of the roof-top decks on each of the three-story buildings, a landscaped pedestrian connection between Utica Avenue and Wooddale Avenue, a dog exercise area and five vegetable gardens. Only one of the roof-top decks of each building is being counted, as one is for private purchase, and the other will remain available for common use by the other units of that building. The dog area and vegetable gardens are for the exclusive use of Wooddale Flats residents. The plan exceeds the DORA requirements. PUD MODIFICATIONS: The application includes the following PUD modifications: • Increased Floor Area Ratio from 0.70 to 0.90 • Increased building height for the three-story buildings from 40 feet to 43 feet to the top of the parapet, and 51 feet to the top of the elevator penthouse. • Reduce front yard (East) from 30 feet for Bldg. 1 and 43 feet for Bldgs. 2-6 to 15 feet • Reduce side yard (North) from 35 feet to 20 feet • Reduce side yard (South) from 23 feet to 14 feet • Reduce rear yard (West) from 25 feet to 15 feet • Reduce distance between buildings from 21.5 feet to 13 feet and from 26.5 feet to 17 feet PLANNED UNIT DEVELOPMENT (PUD) OBJECTIVES: The Zoning Code requires that applicants for a Planned Unit Development demonstrate how the proposal will “enhance, support, and further the following objectives”: 1. Provide for integrated pedestrian facilities to and within the project: The building siting, massing, articulation, orientation, façade entrances, sidewalks connections and landscape features provide integrated pedestrian facilities to and within the project. 2. Enhance linkages to mass transit facilities: The site is served by Metro Transit Routes #12, #604, and #615. The plan also provides enhanced sidewalk access along and across the site. City Council Meeting of October 7, 2013 (Item No. 8a) Page 9 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave 3. Incorporate implementation of travel demand management strategies as part of the PUD. The purpose of a travel demand management strategy is to spread the number of automobile trips throughout the day, reducing the negative impacts that occur during peak travel times. Generally, office uses generate the greatest peak demand and can most influence these impacts. This residential development distributes the traffic from the site to different streets and provides adequate distance between Wooddale Avenue and the nearest driveway entrances. 4. Provide public plazas and designed outdoor recreation area which exceeds minimum chapter requirements: The plan provides 14.8% of the lot area in designed outdoor recreation area (DORA), which exceeds the 12% minimum requirement. 5. Provide a high degree of aesthetics through overall design and display of public art: The development includes a site plan that provides enhanced gathering spaces, sidewalks, a visually interesting and pedestrian-scale development, and the required class I exterior building materials on all building elevations. Staff and the Planning Commission finds that the proposed project, with the indicated modifications, meets the City’s Planned Unit Development objectives, and recommends approval of the Preliminary and Final PUD. WOODDALE FLATS PROCESS: To date, the following meetings have occurred: • March 12, 2013: Neighborhood Input Meeting-Wolf Lake Professional Center • April 17, 2013: Neighborhood Input Meeting-Wolf Lake Professional Center • June 5, 2013: Planning Commission recommends approval of Comprehensive Plan Amendment at Public Hearing • August 5, 2013: City Council approved the Comprehensive Plan Amendment • September 18, 2013: Planning Commission recommends approval of Rezoning, Preliminary and Final Plat, and Preliminary and Final PUD at Public Hearing ATTACHMENTS: 1. Excerpt from September 18, 2013 Planning Commission Minutes 2. Rezoning Illustration 3. Current Survey 4. Final Plat 5. Landscape Plan 6. Civil Engineering Plans a. Site Plan b. Grading & Drainage Plan c. Storm Sewer Utility Plan 7. Architectural Plans a. Two-story Building Elevations b. Two-story Building Floor Plans c. Three-story Building Elevations d. Three-story Building Floor Plans 8. Ordinance for Rezoning 9. Resolution for Preliminary and Final Plat 10. Resolution for Preliminary and Final PUD City Council Meeting of October 7, 2013 (Item No. 8a) Page 10 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave ORDINANCE NO. ___-13 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS FROM R-2 TO R-4 3998 WOODDALE AVENUE SOUTH 4017 UTICA AVENUE SOUTH THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 13-32-Z). Section 2. The St. Louis Park Zoning Ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by changing the zoning district boundaries by reclassifying the following described lands from their existing land use district classification to the new land use district classification as indicated for the tract as hereinafter set forth, to wit: (Area to be platted as Lot 1, Block 1, Wooddale Flats) Those parts of the following described property: Parcel 1: Lots 1 to 4 inclusive, Lots 37 and 38, Lot 36, except the South 10 feet thereof, all in Block 2, Browndale, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. (Abstract Property) Parcel 2: That part of the Southwest Quarter of the Northwest Quarter of Section 7, Township 28 North, Range 24 West of the Fourth Principal Meridian described as follows: Commencing at a point 399.96 feet East of the Southwest corner of the Northwest Quarter of the Northwest Quarter of section in center of cross road extending from Excelsior Avenue in Southeasterly direction through said section; thence South 34 degrees 12 minutes East 279.62 feet along center line of cross road to point of beginning of tract to be described; thence continuing along last described line 300 feet; thence South 67 degrees West 191 feet; thence North 34 degrees 12 minutes West on a line parallel with said center line of cross road to a point drawn Southwesterly from the actual point of beginning and a right angle to the center line of said cross road; thence Northeasterly along said right angle line to the actual point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. (Torrens Property, Certificate No. 84516) City Council Meeting of October 7, 2013 (Item No. 8a) Page 11 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave And That portion of the vacated alley in Block 2, “Browndale,” which lies North of the easterly extension of the North line of Lot 34, Block 2, “Browndale,” and which lies westerly of a line extending from a point 7.00 feet easterly from the Southeast corner of Lot 33 in said Block 2, as measured along the easterly extension of the South line of said Lot 33 and passing through a point equidistant from the Northeast corner of said Lot 34 and the Northwest corner of Lot 1 in said Block 2, Hennepin County, Minnesota. (Abstract property) from R-2 Single Family Residential to R-4 Multiple Family Residential. Section 3. The contents of Planning Case File 13-32-Z are hereby entered into and made part of the public hearing record and the record of decision for this case. Section 4. This ordinance shall take effect fifteen days after its publication. First Reading October 7, 2013 Second Reading October 21, 2013 Date of Publication October 31, 2013 Date Ordinance takes effect November 15, 2013 Reviewed for Administration Adopted by the City Council 21, 2013 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney City Council Meeting of October 7, 2013 (Item No. 8a) Page 12 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave RESOLUTION NO. 13-____ RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF WOODDALE FLATS WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR REDUCTION IN UTILITY EASEMENT BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Wooddale Flats, LLC, owner and subdivider of the land proposed to be platted as Wooddale Flats has submitted an application for approval of preliminary and final plat of said subdivision with a variance from the subdivision ordinance for a reduction in the width of utility easement provided (Section 26-154) from 5.0 feet to 0.0 feet along the perimeter of the alley turn-around on the southwest portion of the property in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed preliminary and final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: Parcel 1: Lots 1 to 4 inclusive, Lots 37 and 38, Lot 36, except the South 10 feet thereof, all in Block 2, Browndale, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. (Abstract Property) Parcel 2: That part of the Southwest Quarter of the Northwest Quarter of Section 7, Township 28 North, Range 24 West of the Fourth Principal Meridian described as follows: Commencing at a point 399.96 feet East of the Southwest corner of the Northwest Quarter of the Northwest Quarter of section in center of cross road extending from Excelsior Avenue in Southeasterly direction through said section; thence South 34 degrees 12 minutes East 279.62 feet along center line of cross road to point of beginning of tract to be described; thence continuing along last described line 300 feet; thence South 67 degrees West 191 feet; thence North 34 degrees 12 minutes West on a line parallel with said center line of cross road to a point drawn Southwesterly from the actual point of beginning and a right angle to the center line of said cross road; thence Northeasterly along said right angle line to the actual point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. (Torrens Property, Certificate No. 84516) City Council Meeting of October 7, 2013 (Item No. 8a) Page 13 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave And That portion of the vacated alley in Block 2, “Browndale,” which lies North of the easterly extension of the North line of Lot 34, Block 2, “Browndale,” and which lies westerly of a line extending from a point 7.00 feet easterly from the Southeast corner of Lot 33 in said Block 2, as measured along the easterly extension of the South line of said Lot 33 and passing through a point equidistant from the Northeast corner of said Lot 34 and the Northwest corner of Lot 1 in said Block 2, Hennepin County, Minnesota. (Abstract property) 4. There are special circumstances affecting the property such that the strict application of the provisions of the subdivision ordinance would deprive the applicant/owner of the reasonable use of the land. Such circumstances arise due to site topography and the dedication of right-of-way to the City. 5. The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to other property in the territory in which the property is situated. The granting of the variance will enable a 0.0 foot utility easement along the perimeter of the all turn- around on the southwest portion of the property. 6. The variance is not contrary to the intent of the Comprehensive Plan. The Comprehensive Plan calls for such lands to be redeveloped and to include certain elements, such as a pedestrian oriented environment and life-cycle housing. Such redevelopment could not occur without a variance. Conclusion 1. The proposed preliminary and final plat of Wooddale Flats is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk subject to the following conditions: a. A variance is approved from the subdivision ordinance for a 0.0 foot utility easement around the perimeter of the alley turn-around on the southwest portion of the property from a 5.0 foot utility easement required by City Code, Section 26-154, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. b. Park dedication and trail dedication fees, totaling $49,500 and $7,425 respectively, shall be paid to the City prior to the City signing the final plat. c. A financial security in the form of a cash escrow or letter of credit in the amount of $5,000 shall be submitted to the City, prior to the City signing the Final Plat, to insure the following: i. A signed Mylar copy of the final plat is provided to the City ii. Iron monuments are installed marking the lot corners iii. The developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. City Council Meeting of October 7, 2013 (Item No. 8a) Page 14 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council October 7, 2013 City Manager Mayor Attest: City Clerk City Council Meeting of October 7, 2013 (Item No. 8a) Page 15 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave RESOLUTION NO. 13-____ A RESOLUTION APPROVING A PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT (PUD) UNDER SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE FOR WOODDALE FLATS WHEREAS, an application for approval of a Planned Unit Development (PUD) was received on August 12, 2013 from the applicant, and WHEREAS, notice of a public hearing on the Preliminary and Final PUD was mailed to all owners of property within 350 feet of the subject property plus other affected property owners in the vicinity, and WHEREAS, notice of public hearing on the Preliminary and Final PUD was published in the St. Louis Park Sailor on September 5, 2013, and WHEREAS, the Planning Commission opened the public hearing at the meeting of September 18, 2013 and WHEREAS, the Planning Commission reviewed the Preliminary and Final PUD at the meeting of September 18, 2013, and WHEREAS, the Planning Commission recommended approval of the Preliminary and Final PUD on a 4-0 vote with all members present voting in the affirmative, and WHEREAS, the City Council has considered the staff reports, Planning Commission minutes and testimony of those appearing at the public hearing or otherwise including comments in the record of decision. BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Wooddale Flats, LLC has made application to the City Council for a Planned Unit Development under Section 36-367 of the St. Louis Park Ordinance Code within the R-4 Multiple-Family Residence district located at 4017 Utica Avenue and 3998 Wooddale Avenue for the legal description as follows, to-wit: (Area to be platted as Lot 1, Block 1, Wooddale Flats) Parcel 1: Lots 1 to 4 inclusive, Lots 37 and 38, Lot 36, except the South 10 feet thereof, all in Block 2, Browndale, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. (Abstract Property) Parcel 2: That part of the Southwest Quarter of the Northwest Quarter of Section 7, Township 28 North, Range 24 West of the Fourth Principal Meridian described as follows: Commencing at a point 399.96 feet East of the Southwest corner of the Northwest Quarter City Council Meeting of October 7, 2013 (Item No. 8a) Page 16 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave of the Northwest Quarter of section in center of cross road extending from Excelsior Avenue in Southeasterly direction through said section; thence South 34 degrees 12 minutes East 279.62 feet along center line of cross road to point of beginning of tract to be described; thence continuing along last described line 300 feet; thence South 67 degrees West 191 feet; thence North 34 degrees 12 minutes West on a line parallel with said center line of cross road to a point drawn Southwesterly from the actual point of beginning and a right angle to the center line of said cross road; thence Northeasterly along said right angle line to the actual point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. (Torrens Property, Certificate No. 84516) And That portion of the vacated alley in Block 2, “Browndale,” which lies North of the easterly extension of the North line of Lot 34, Block 2, “Browndale,” and which lies westerly of a line extending from a point 7.00 feet easterly from the Southeast corner of Lot 33 in said Block 2, as measured along the easterly extension of the South line of said Lot 33 and passing through a point equidistant from the Northeast corner of said Lot 34 and the Northwest corner of Lot 1 in said Block 2, Hennepin County, Minnesota. (Abstract property) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 13-34-PUD) and the effect of the proposed PUD on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The City Council has determined that the PUD will not be detrimental to the health, safety, or general welfare of the community nor with certain contemplated traffic improvements will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values. The Council has also determined that the proposed PUD is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan and that the requested modifications comply with the requirements of Section 36-367(b)(5). The specific modifications include: a. Increased Floor Area Ratio from 0.70 to 0.90. b. Increased building height for the three-story buildings from 40 feet to 43 feet to the top of the parapet, and 51 feet to the top of the elevator penthouse. c. Reduce front yard (East) from 30 feet for Bldg. 1 and 43 feet for Bldgs. 2-6 to 15 feet for all buildings d. Reduce side yard (North) from 35 feet to 20 feet e. Reduce side yard (South) from 23 feet to 14 feet f. Reduce rear yard (West) from 25 feet to 15 feet g. Reduce distance between buildings 1 and 2 from 21.5 feet to 13 feet and between each of buildings 2 – 6 from 26.5 feet to 17 feet City Council Meeting of October 7, 2013 (Item No. 8a) Page 17 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave 4. The contents of Planning Case File 13-34-PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Preliminary and Final Planned Unit Development at the location described is approved based on the findings set forth above and subject to the following conditions: 1. The approval is subject to City Council approval of the rezoning of the subject property to R-4 Multiple Family residence district and the effective date of the ordinance. 2. The site shall be developed, used and maintained in conformance with the Official Exhibits. 3. Prior to starting any land disturbing activities (excluding building demolition), the following conditions shall be met: a. Proof of recording the final plat shall be submitted to the City. b. Assent Form and Official Exhibits must be signed by the applicant and property owner. c. A Soil Analysis Report of fill material must be submitted to the City. d. A preconstruction meeting shall be held with the appropriate development, construction, private utility, and City representatives. e. An Erosion Control Permit must be obtained. f. An MCES permit approving a sanitary connection to MCES main lines in Wooddale Avenue must be obtained. g. Minnehaha Creek Watershed District Permits must be obtained. h. All other necessary permits must be obtained. 4. Prior to issuance of building permits: a. The developer shall sign the City’s Assent Form and the Official Exhibits. b. Final plans shall be reviewed by the City Engineer and Zoning Administrator to ensure that all proposed utilities and construction documents conform to the requirements of the City Code of Ordinances and City policies. c. Building material samples and colors must be submitted to the City for review. d. The developer shall submit a financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of public and private sidewalk installation, repair/cleaning of public streets/utilities, storm water management system, landscaping and irrigation, and designed outdoor recreation area features. e. A maintenance agreement for the storm water system must be executed and signed by the City and developer. f. The City and developer shall enter into a development agreement. 5. The developer shall comply with the following conditions during construction: a. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. Monday through Friday, and between 10 p.m. and 9 a.m. on weekends. b. The site shall be kept free of dust and debris that could blow onto neighborhood properties. c. Public streets shall be maintained free of dirt and shall be cleaned as necessary. d. The City shall be contacted a minimum of 72 hours prior to any work in a public street. Work in a public street shall take place only upon the determination by the Director of Public Works that appropriate safety measures have been taken to ensure motorist and pedestrian safety. City Council Meeting of October 7, 2013 (Item No. 8a) Page 18 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave 6. Prior to the issuance of any permanent certificate of occupancy permit the following shall be completed: a. Public and private sidewalks, landscaping, and irrigation shall be installed in accordance with the Official Exhibits. 7. All utility service structures shall be buried. If any utility service structure cannot be buried (i.e. electric transformer), it shall be 100% screened from off-site. 8. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 9. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a development agreement as a condition of approval of the Final PUD. The development agreement shall address those issues which the City Council deems appropriate and necessary. The Mayor and City Manager are authorized to execute the development agreement. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council October 7, 2013 City Manager Mayor Attest: City Clerk City Council Meeting of October 7, 2013 (Item No. 8a) Page 19 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave EXCERPT OF UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA September 18, 2013 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Dennis Morris, Richard Person, Carl Robertson MEMBERS ABSENT: Claudia Johnston-Madison, Robert Kramer, Larry Shapiro, Charlie Dixon (youth member) STAFF PRESENT: 3. Public Hearings A. Wooddale Flats Rezoning, Plat and Planned Unit Development Location: 3998 Wooddale Avenue South and 4017 Utica Avenue Applicant: Wooddale Flats, LLC Case Nos. 13-32-Z, 13-33-S, 13-34-PUD Ryan Kelley, Associate Planner, presented the staff report. Commissioner Carper asked if on-street parking would be permitted on Wooddale, Utica or Toledo Ave. Mr. Kelley responded that on-street parking would be allowed where it currently is allowed. Commissioner Person asked if the city plows the alley and the turnaround. Mr. Kelley said that the city currently maintains the alley. He stated that this has been discussed with Engineering staff. A revision has been made to the plan to move the fence back in that area, along the turnaround, to allow for some snow storage. Chair Robertson asked if there were any gates in the fence where parking is covered by the easement for the adjacent building. Mr. Kelley said he didn’t believe there were any gates in the fence. He added that access from the parking lot to the street would need to exit out the drive. The developer, Mr. Carlson indicated he would add a gate in this area. Mr. Kelley said it can be noted on the plan to have a gate at the parking easement. Commissioner Carper asked if any permeable surfaces will be used in the parking areas or drives to lessen runoff. Mr. Kelley said there was no indication or discussion of using permeable pavers. He stated that the site currently has no water discharge because it is bowl shaped. The project will be required to completely hold a 100-year event on-site which would filter through the underground systems. Commissioner Person commented that the trip generation estimates seemed a little low for 33 units. City Council Meeting of October 7, 2013 (Item No. 8a) Page 20 Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Matt Pacyna, SRF traffic consultant, remarked that the information is based on the IT Trip Generation Rates and handbook which is the industry standard. It reflects that schedules in and out vary for individual townhome residents. David Carlson, applicant, Gatehouse Properties Ltd., said 13 of the units have been reserved. He spoke about discussions with Harvey Meyer, 4044 Toledo Ave. S., about the fence and landscaping. He said Mr. Meyer is concerned about the dog run. Mr. Carlson said it would be a private dog park for the condominium only. Commissioner Carper said he recommended that energy efficient lighting be used on the exterior of the building. Chair Robertson opened the public hearing. Harvey Meyer, 4044 Toledo Ave. S., said he has attended all the meetings concerning the development. He liked the initial site plan. He appreciates the green space and buffer between the development and the neighborhood. He stated that the initial site plan did not have plans for a dog run. He just received a copy of the latest site plan today. He said he is concerned about noise from the dog run and his property values. Mr. Meyer commented that dogs from a condominium will probably be smaller dogs; and smaller dogs often bark more, especially off-leash. Mr. Meyer said he looked at a dog area in the Uptown area for comparison. It is an enclosed area which faces a parking lot. He also looked at a 128 unit condominium building in the near north area of Mpls. which has a dog area of 8 x 18 ft. He said the proposed dog run at Wooddale Flats is bigger than that and he is concerned about noise as the dogs will be off-leash. He suggested the dog area be made smaller to minimize noise concerns. Mr. Meyer said he doesn’t have anything against the project. He said the addition of 33 units will mean a massive change to that landscape, he and his neighbors will be subject to many months of construction, and they are already enduring a lot for the development. He was pleased with the initial site plan which had a green space which is now replaced with a dog run. He suggested that the area proposed for 5 vegetable garden areas could be used for a dog area. Chair Robertson said he suggested a wait and see approach. He spoke about city noise ordinances which are in place. He added that the proposed dog run is enclosed which is an advantage to an open green space which anyone might use for dogs. Chair Robertson said Mr. Meyer’s concerns were something to take into consideration, but he was not comfortable making them part of the conditions. He said the developer has heard Mr. Meyer’s concerns. He added that he thinks giving dogs room to run off-leash may actually minimize barking. As no one else was present wishing to speak, the Chair closed the public hearing. Commissioner Person made a motion to recommend approval of rezoning, preliminary and final plat with variance and conditions, and preliminary and final planned unit development with modifications and conditions for Wooddale Flats. Commissioner Morris seconded the motion, and the motion passed on a vote of 4-0. Wooddale Flats: Zoning District - Existing 0 125 250 375 50062.5 Feet Excelsior Blvd Wo o d d a l e A v e Utica AveHwy 10040th StToledo Ave41st St Quentin AveMiracle Mile Shopping Center Ü Legend Zoning District POS - Parks & Open Space R1 - Single Family Residential R2 - Single Family Residential R3 - Two-Family Residential R4 - Multiple-Family Residential RC - High-Density Multiple-Family Residential MX - Mixed Use C1 - Neighborhood Commercial C2 - General Commercial BP - Business Park O - Office IP - Industrial Park IG - General Industrial City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 21 Wooddale Flats: Zoning District - Proposed 0 125 250 375 50062.5 Feet Excelsior Blvd Wo o d d a l e A v e Utica AveHwy 10040th StToledo Ave41st St Quentin AveMiracle Mile Shopping Center Ü Legend Zoning District POS - Parks & Open Space R1 - Single Family Residential R2 - Single Family Residential R3 - Two-Family Residential R4 - Multiple-Family Residential RC - High-Density Multiple-Family Residential MX - Mixed Use C1 - Neighborhood Commercial C2 - General Commercial BP - Business Park O - Office IP - Industrial Park IG - General Industrial City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 22 17.3 12.7 15.3 13.1 22.6 30.1 5.7 63.2 9.9 19.3 11.0 20.6 21.3 11.7 5.3 10.314.2 21.1 9.825.8 18.230.8 1.116.2 1.093.72.11.00.70.72.1 5.7 13.1 8.010.0 22.06.4 11.018.0 11.020.011.45.0 20.03.5 20.632.1 11.04.1 13.0 52.46.824.3 17.26 ƒ   (   33.64 6ƒ     :6 ƒ   (   6ƒ     :      1ƒ :NORTH 80.001ƒ (11.45 1ƒ :40.211ƒ (1ƒ :NORTH 198.2139.626ƒ  ( 1ƒ     (     1 ƒ   :  15.59 1ƒ :43.59NORTH 7.73 P A R C E L 2 P A R C E L 1 F:\survey\browndale - hennepin\1-4-2\B-1-4-2fb106522inv81045.dwg Legend of Symbols & Abbreviations Vicinity Map ( N o t t o S c a l e ) Basis for bearings is assumed ALTA/ACSM Land Title Survey GATEHOUSE PROPERTIES 15950 Portico Drive Wayzata, MN 55391 Legal Description Note Corresponding to Schedule B, Part II File No. Current Zoning Information Source of Information: Address: Phone: Planning Dept, City of St. Louis Park, MN 5005 Minnetonka Blvd, St. Louis Park, MN 55416 (952) 924-2500 Zoning District(s): Zoning Definition: R-2 Single Family Residential Building Setback Requirements R-2 Front Yard Setback Side Yard Setback Rear Yard Setback Observed Required Notes Parking Tabulation Observed Required Notes Regular Spaces Handicapped Spaces Total Parking Spaces Maximum Height Bulk Restrictions Lot Area Coverage Ratio Other: Observed Required Notes Height Restrictions Observed Max. Allowed Notes see survey see note 2* see note 45.2 feet 105493 Sq. Ft. 0% N/A 25 Feet 7/5 Feet 63* see note 65* 30 feet 7200 Sq. Ft. 0% N/A 30' or three stories whichever is less N/A NOTE: Because there may be a need for further interpretation of the applicable zoning codes, we refer you to the above referenced municipality and the applicable zoning codes. 25 Feet F.B. No. 1065-22 inv. 81133 Prepared by: MISCELLANEOUS NOTES Property Address: 3998 Woodale, St. Louis Park, MN 55416 PID No. : 07-028-24-23-0059 Property Address: 4017 Utica, St. Louis Park, MN 55416 PID No. : 07-028-24-23-0057 Area of Parcel = 105493 sq.ft (2.42 acres) Side setback: 7' on one side with 5' on other dependent if a garage is attached. See City Code for other items. Benchmark: Top nut of hydrant west side of Wooddale Ave opposite W. 40th St. Elevation = 916.37 feet Above ground utility locations have been field located as shown. All underground utility services which serve the property have attempted to be field located through the services of Gopher State One Call per ticket number 130670262. However some of the utility companies failed to field locate underground utility locations. In those cases, utilities as shown are from available survey maps. Further information contact Gopher State One Call (651-454-0002 or 811) Parking requirements dependent on use of property and floor area. See City Code for other items. The Gregory Group, Inc. d.b.a. Lot Surveys Company 7601 73rd Avenue N. Brooklyn Park, MN 55428 phone 763-560-3093 fax 763-560-3522 Property is in Flood Zone "X" (area of minimal flooding) per FEMA panel map number 27053C0361E, dated September 2, 2004. The undersigned, being a registered surveyor of the State of Minnesota, certifies to Stewart Title Guaranty Company, agent for Land Title, Inc. as follows: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys, jointly established and adopted by ALTA, and NSPS in 2011, and includes Items 1, 2, 3, 4, 5, 6(b), 7(a), 8, and 11(b) of Table A thereof. Dated this 6th day of March, 2013. Signed: ____________________________________________ Gregory R. Prasch Registration No. 24992 Parcel 1: Lots 1 to 4 inclusive, Lots 37 and 38, Lot 36, except the South 10 feet thereof, all in Block 2, Browndale, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. (Abstract Property) Parcel 2: That part of the Southwest Quarter of the Northwest Quarter of Section 7, Township 28 North, Range 24 West of the Fourth Principal Meridian described as follows: Commencing at a point 399.96 feet East of the Southwest corner of the Northwest Quarter of Northwest Quarter of section in center of cross road extending from Excelsior Avenue in Southeasterly direction through said section; thence South 34 degrees 12 minutes East 279.62 feet along center line of cross road to point of beginning of tract to be described; thence continuing along last described line 300 feet; thence South 67 degrees West 191 feet; thence North 34 degrees 12 minutes West on a line parallel with said center line of cross road to a point drawn Southwesterly from the actual point of beginning and a right angle to the center line of said cross road; thence Northeasterly along said right angle line to the actual point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. (Torrens Property, Certificate No. 84516) And That portion of the vacated alley in Block 2, "Browndale," which lies North of the easterly extension of the North line of Lot 34, Block 2, "Browndale," and which lies westerly of a line extending from a point 7.00 feet easterly from the Southeast corner of Lot 33 in said Block 2, as measured along the easterly extension of the South line of said Lot 33 and passing through a point equidistant from the Northeast corner of said Lot 34 and the Northwest corner of Lot 1 in said Block 2, Hennepin County, Minnesota. (Abstract property) BROWNDALE Heavy snow and ice cover at time of survey. Side Street Setback 15 Feet *Parking spaces per aerial photo. Legal description and easements per title commitment from Stewart Title Guaranty Company, issued by its agent Land Title Inc., Case No. 398678 dated February 15, 2013. Items 1 and 2 - Not a survey issue. Item 3 - Encroachments as shown hereon. Items 4 thru 11 - Not a survey issue or not to our knowledge. Item 12 - Easement for Alley per doc. no. 2257824 as shown hereon. see survey see survey see surveysi te A gap exists between the northeasterly lot lines of Lots 35 thru38, Block 2 of the plat of Browndale and the southwesterly line of Parcel 2. City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 23 City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 24 (2) SWAMP WHITE OAK 2.5" CAL. (3) PINES TO REMAIN IRRIGATED SOD BLVD. (8) SPRUCE 'BLACK HILLS', 8' HGT. (4) CRABAPPLE 'SPRING SNOW', 2.5" CAL. (6) LILAC 'PRAIRIE PETITE' #5 3-4' HGT. (10) CRABAPPLE 'SPRING SNOW', 2.5" CAL. (4) BUSH HONEYSUCKLE #5 (22) DAYLILY #1 (4) JUNIPER 'GREY OWL #5(4) HAWTHORN, #25 (27) SPIREA 'ANTHONY WATERER' #5, 3-4' HGT (1) PINE TO REMAIN (15) DAYLILY #1 (34) RUDBECKIA 'GOLDSTURM' #1 (37) LITTLE BLUESTEM 'BLUE HEAVEN' #1 (34) YARROW 'PAPRIKA' #1 (4) CRABAPPLE 'LOUISA' #25 (2) RIVER BIRCH, 2.5" CAL. (9) HYDRANGEA 'ANNABELLE' #5 (4) WEIGELA 'TANGO' #5 (4) WEIGELA 'TANGO' #5 (4) WEIGELA 'TANGO' #5 (4) SPIREA 'SNOWMOUND' #5 (4) SPIREA 'SNOWMOUND' #5 (4) SPIREA 'SNOWMOUND' #5 (6) TAUNTON YEW #5 (6) TAUNTON YEW #5 (6) TAUNTON YEW #5 (6) GLOBE ARB. #5 (6) GLOBE ARB. #5 (6) GLOBE ARB. #5 (8) LITTLE BLUESTEM #1 (8) LITTLE BLUESTEM #1 (8) LITTLE BLUESTEM #1 (8) PRAIRIE DROPSEED #1 (8) PRAIRIE DROPSEED #1 (8) PRAIRIE DROPSEED #1 (2) FRINGETREE #25 PARKING LOT SCREEN PLANTINGS PARKING LOT SCREEN PLANTINGS 6' HGT CEDAR PRIVACY FENCE DOG RUN, W/ WOOD MULCH & 48" HGT. VINYL COATED CHAIN LINK FENCE (2) CONCOLOR FIR, 8' HGT. (10) SPRUCE 'BLACK HILLS' , 8' HGT. (16) JUNIPER 'GREY OWL' #5 (3) JAP. TREE LILAC #25 (3) JAP. TREE LILAC #25 (3) JAP. TREE LILAC #25 (3) JAP. TREE LILAC #25 (3) JAP. TREE LILAC #25 (4) GLOBE ARB. #5 (16) TIGERLILY #1 (16) TIGERLILY #1 (16) DAYLILY #1 (16) DAYLILY #1 (16) TIGERLILY #1 (16) TIGERLILY #1 (16) DAYLILY #1 (16) DAYLILY #1 (3) JAP. TREE LILAC #25 (4) HYDRANGEA 'ANNABELLE' #5 TRAP ROCK MULCH W/ STEEL EDGING IRRIGATED SOD BOULEVARD IRRIGATED SOD BOULEVARD IRRIGATED SOD BOULEVARD IRRIGATED SOD BOULEVARD (9) HONEYLOCUST 'SKYLINE' 2.5" BB. TRAP ROCK MULCH W/ STEEL EDGING (2) CRABAPPLE 'SPRING SNOW' 2.5" BB EXTG. GRAVEL TURNAROUND TO REMAIN 6' HGT CEDAR PRIVACY FENCE 6' HGT CEDAR PRIVACY FENCE (16) DAYLILY #1 (16) DAYLILY #1 (16) TIGERLILY #1 (16) TIGERLILY #1 IRRIGATED SOD IRRIGATED SOD IRRIGATED SOD GROSS BLDG FLOOR AREA= 27,085 SF REQUIRED BOULEVARD TREES, (1) PER BLDG UNIT= 12 BOULEVARD TREES SHOWN ON PLAN= 13 REQUIRED SHRUBS, (6) PER 50 LF OF SITE PERIMETER (1577) LF= 189 SHRUBS SHOWN ON PLAN= 189 (6) BUSH HONEYSUCKLE. #5 (6) BUSH HONEYSUCKLE. #5 (6) BUSH HONEYSUCKLE. #5 (6) BUSH HONEYSUCKLE. #5 (6) BUSH HONEYSUCKLE. #5 (5) JUNIPER 'GREY OWL' #5 (5) JUNIPER 'GREY OWL' #5 (5) JUNIPER 'GREY OWL' #5 (5) JUNIPER 'GREY OWL' #5 (5) JUNIPER 'GREY OWL' #5 VEG. GARDEN VEG. GARDEN VEG. GARDEN VEG. GARDEN VEG. GARDEN (6) TAUNTON YEW (3) TAUNTON YEW (3) TAUNTON YEW (6) TAUNTON YEW PRUNE EXTG. ARBORVITAE HEDGE PEDESTRIAN CONNECTION BETWEEN UTICA AV AND WOODDALE AV 4979 SF DOG RUN WITH DECORATIVE FENCING AND LANDSCAPING. 2940 SF (5) VEGETABLE GARDEN PLOTS 1750 SF D.O.R.A SPACE REQUIREMENTS GROSS LOT AREA= 93,638 SF 12% GROSS LOT AREA= 11,236 SF ROOF DECKS= 4212 SF DOG RUN= 2940 SF PEDESTRIAN CONNECTION, UTICA AV TO WOODDALE AV= 4979 SF VEGETABLE GARDENS= 1750 SF TOTAL= 13,881 SF (5) ROOF DECKS 4212 SF TREE TO BE REMOVED, TYP. GATEHOUSE PROPERTIES ST. LOUIS PARK MINNESOTA w w w . c o l l a g e a r c h . c o m DATE:08.12.2013 ZONING REVIEW SET KEY PLAN DATE: 08-11-13 I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. BEN ERICKSON REGISTRATION NO: 50130 Collage | architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 WOODDALE FLATS b.e. landscape designs 2010 3rd st ne mpls, mn 55418 612-382-0902 ben@belanddesigns.com www.belanddesigns.com NOTES: 1. LOCATE FLARE OF TRUNK PRIOR TO EXCAVATING PLANTING PIT. REMOVE ROOTBALL SOIL TO EXPOSE TOP OF FLARE. 2 AFTER SETTING ROOTBALL IN PLANTING PIT, REMOVE ALL NON-BIODEGRABLE WRAP MATERIAL AND/OR CORD. BACKFILL PIT TO 1 2 DEPTH AND WATER THOROUGHLY. CUT AND REMOVE AT MINIMUM TOP 1 3 OF BURLAP AND TWINE. COMPLETE BACKFILLING AND WATER UNTIL SATURATED. MULCH TO 4" DEPTH ON DAY OF PLANTING. 3. GUY ASSEMBLY IS OPTIONAL, HOWEVER CONTRACTOR SHALL ASSUME FULL RESPONSIBILITY FOR MAINTAINING TREE IN UPRIGHT POSITION FOR THE DURATION OF THE GUARANTEE PERIOD. 4. AFTER INSTALLATION, TRIM OUT DEAD OR DEFORMED MATERIAL. DO NOT PRUNE CENTRAL LEADER. OPTIONAL- GUY WIRES SHALL BE 1 8" DIA. GALV. STEEL CABLE. WIRES SHALL ATTACH TO 2" WIDE MIN. NYLON MESH SLINGS AROUND TREE TRUNK. SLINGS SHALL BE PLACED A MIN. OF 2 3 UP TRUNK OF TREE. GUY WIRES SHALL BE SET INTO GROUND WITH DUCK-BILL EARTH ANCHOR OR APPROVED EQUAL. PLANTING PIT SHALL BE TWICE THE WIDTH OF THE ROOTBALL. SCARIFY SIDES OF PLANTING PIT. EXISTING NATIVE SOILS 3" SHREDDED HARDWOOD MULCH STAKING: GUY ASSEMBLY NOT MANDATORY BUT, CONTRACTOR SHALL MAINTAIN TREE IN A PLUMB POSITION FOR THE DURATION OF THE GUARANTEE PERIOD. NOTES: 1) CONTRACTOR SHALL LOCATE WITH PIN THE ROOT FLARE OF EACH TREE PRIOR TO DIGGING THE PLANTING PIT. (THE FLARE IS THE TRANSITION ZONE BETWEEN THE MAIN STEM AND THE ROOT SYSTEM.) 2) REMOVE SOIL FROM TOP OF ROOTBALL TO EXPOSE TOP OF FLARE. TREES WITH MORE THAN 2" OF EXCESS SOIL ABOVE THE FLARE WILL BE REJECTED. MEASURE DISTANCE BETWEEN FLARE AND BOTTOM OF ROOTBALL. SUBTRACT 10% TO DETERMINE DEPTH OF PLANTING PIT. 3) DIG PIT TO DEPTH DETERMINED ABOVE. PIT SHALL BE DISHED WITH SIDEWALLS AS SHOWN BELOW. SCARIFY WALLS AND BOTTOM OF PIT. 4.) SET TREE IN PIT SO THAT FLARE IS ONE-TWO INCHES ABOVE SURROUNDING GRADE. 5) IN ALL AREAS WITH HEAVY CLAY OR POORLY DRAINED SOILS (MOTTLING), CONTACT LANDSCAPE ARCHITECT. TREE MAY BE RELOCATED OR ROOTBALL FURTHER ELEVATED. TREES WITH BE REJECTED FOR THE FOLLOWING REASONS: -POOR FORM -DAMAGED TRUNK -BURIED ROOT FLARES -ENCIRCLING TRANSPORT ROOTS -UNCONSOLIDATED ROOTBALL SOIL (DUE TO EXCESSIVE HANDLING) LANDSCAPE CONTRACTOR SHALL SCHEDULE INSPECTION BY THE LANDSCAPE ARCHITECT 48 HOURS PRIOR TO PLACING MULCH AROUND THE TREE PLANTINGS. AFTER SETTING ROOT BALL IN PIT, BACKFILL TO WITHIN 12" OF TOP OF ROOTBALL AND SATURATE WITH WATER. -CUT AND REMOVE TO BACKFILL LINE ALL TWINE, WIRE AND/OR BURLAP. -BACKFILL UNTIL PIT IS FULL, WATER AGAIN. BACKFILL WITH 1/2 NATIVE SOILS AND 1/2 PLANTING SOIL. MIX THOROUGHLY. SEE SPEC. 'DARK' SHREDDED HARDWOOD MULCH - 3" DEPTH X 5 FT DIAMETER PULL AWAY FROM TRUNK OF TREE RODENT TRUNK PROTECTION: CORRUGATED POLYETHYENE DRAINAGE PIPE SLIT VERTICALLY OR 1/2" HARDWIRE-CLOTH MESH CYLINDER. DIMENSIONS: 4" DIAMETER (OR GREATER) X 36" HGT. SEE SPECIFICATIONAFTER INSTALLATION, TRIM OUT DEADWOOD AND/OR DEFORMED TWIGS. DO NOT CUT LEADER. STAKES AND GUY WIRES - SEE NOTES BELOW FLARE, SET AT 1"-2" ABOVE SURROUNDING GRADE. SEE NOTE ABOVE DISH PLANTING PIT. SCARIFY BOTTOM AND SIDES OF PIT UNDISTURBED SOIL OR COMPACTED SUBGRADE TRIM OUT BROKEN & DEAD STEMS ONLY. SPACE PLANTS ACCORDING TO PLANT SCHEDULE. PLANTING SOIL ( 1 3 MNDOT 3877-2 SELECT BORROW TOPSOIL+ 1 3 COMPOST + 1 3 CLEAN WASHED SAND). SEE SPEC. SCARIFY BOTTOM AND SIDES OF PLANTING HOLE. UNDISTURBED NATIVE SOILS. 3" DARK SHREDDED HARDWOOD MULCH. PULL MULCH AWAY FROM STEMS OF PLANTS TO PREVENT ROTTING. PULL MULCH AWAY FROM ALL STEMS TO PREVENT ROTTING. TRIM OUT BROKEN & DEAD STEMS ONLY. 3" DEPTH, DARK SHREDDED HARDWOOD MULCH. FINISHED GRADE PLANTING SOIL. SEE SPEC. SCARIFIY BOTTOM AND SIDES OF PLANTING HOLE. UNDISTURBED NATIVE SOILS LANDSCAPE PLAN L100 SECTION 32 84 23 DESIGN/BUILD IRRIGATION SYSTEM City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 25 CIVIL ENGINEERING SITE DESIGN KEY NOTES PLAN NOTES: SURVEY DATASITE DATA: DEVELOPMENT DATA: LEGEND:DISTRICT REGULATIONS: INDEX OF CIVIL SITE DRAWINGS: City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 26 CIVIL ENGINEERING SITE DESIGN SURVEY DATALIGHT DUTYHEAVY DUTYCONCRETE PAVEMENT - SIDEWALKBITUMINOUS PAVEMENTCONCRETE PAVEMENT - HEAVY DUTY LEGEND:INDEX OF CIVIL SITE DRAWINGS: City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 27 CIVIL ENGINEERING SITE DESIGN SURVEY DATA LEGEND:INDEX OF CIVIL SITE DRAWINGS: City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 28 1053 TOTAL SQ.FT. THIS ELEVATION GLASS = 296 SQ.FT. MATERIAL INDEX PREFIN. METAL FLASHING (COLOR: MEDIUM BRONZE) *ALL MATERIAL BREAKS @ INSIDE CORNERS, SEE PLANS FOR ALL MATERIAL RETURNS. PROVIDE CONTROL JOINTS PER MFR. RECOMENDATIONS DECORATIVE CMU / ROCK FACE BLOCK (COLOR: TOFFEE) SYNTHETIC STONE VENEER COLOR TBD FIBER CEMENT SIDING (4" LAP, 5 16" THICK) (COLOR: TBD) VINYL WINDOWS (COLOR: WHITE) KASOTA STONE SILL (COLOR: AMBER BLEND VEINE) BRICK #1 THIRD RUNNING BOND GROUT - TBD FIBER CEMENT PANEL (SMOOTH FINISH) (COLOR: TBD) PREFINISHED ALUMINUM RAILING (COLOR: MEDIUM BRONZE) WOOD TRELLIS (COLOR: TBD) ASPHALT SHINGLES (COLOR: TBD) METAL ROOFING (COLOR: TBD) BRICK #2 - ACCENT SOLDIER COURSE GROUT - TBD STUCCO (COLOR: TBD) FIBER CEMENT TRIM A (COLOR: TBD) FIBER CEMENT TRIM B (COLOR: TBD) WOOD BRACKETS (COLOR: TBD) DECORATIVE LOUVER (COLOR: TBD) WRAPPED WOOD COLUMN W/ TRIM (COLOR: TBD) 11 13 19 11 1 7 11 18 15 1 7 5 12 4 2 15 7 10 14 7 CLASS I MATERIALS CALCULATIONS 2149 TOTAL SQ.FT. THIS ELEVATION TOTAL = 638 SF / 1053 SF = 61% BRICK = 704 SQ.FT. GLASS = 362 SQ.FT. 11 7 18 10 7 12 11 9 5 14 9 713 5 4 4 13 10 810 2 4 1 13 11 15 4 4 BRICK = 300 SQ.FT. 1 9 TOTAL = 1435 SF / 2149 SF = 68% MATERIAL INDEX PREFIN. METAL FLASHING (COLOR: MEDIUM BRONZE) *ALL MATERIAL BREAKS @ INSIDE CORNERS, SEE PLANS FOR ALL MATERIAL RETURNS. PROVIDE CONTROL JOINTS PER MFR. RECOMENDATIONS DECORATIVE CMU / ROCK FACE BLOCK (COLOR: TOFFEE) SYNTHETIC STONE VENEER COLOR TBD FIBER CEMENT SIDING (4" LAP, 5 16" THICK) (COLOR: TBD) VINYL WINDOWS (COLOR: WHITE) KASOTA STONE SILL (COLOR: AMBER BLEND VEINE) BRICK #1 THIRD RUNNING BOND GROUT - TBD FIBER CEMENT PANEL (SMOOTH FINISH) (COLOR: TBD) PREFINISHED ALUMINUM RAILING (COLOR: MEDIUM BRONZE) WOOD TRELLIS (COLOR: TBD) ASPHALT SHINGLES (COLOR: TBD) METAL ROOFING (COLOR: TBD) BRICK #2 - ACCENT SOLDIER COURSE GROUT - TBD STUCCO (COLOR: TBD) FIBER CEMENT TRIM A (COLOR: TBD) FIBER CEMENT TRIM B (COLOR: TBD) WOOD BRACKETS (COLOR: TBD) DECORATIVE LOUVER (COLOR: TBD) WRAPPED WOOD COLUMN W/ TRIM (COLOR: TBD) CLASS I MATERIALS CALCULATIONS 1 15 1 11 8 9 06 STUCCO = 116 SQ.FT. 77 4 10 1 5 1 33'-1"26'-6"33'-1"24'-612"CLASS II MATERIALS CALCULATIONS CEMENT BOARD LAPSIDING = 368 SF CEMENT BOARD LAPSIDING USED AS CLASS I MATERIAL =0 SF =10% STONE = 42 SQ.FT. CLASS II MATERIALS CALCULATIONS CEMENT BOARD LAPSIDING = 653 SF CEMENT BOARD LAPSIDING USED AS CLASS I MATERIAL =214 SF =10% STONE = 39 SQ.FT. A200 BUILDING #1 ELEVATIONS GATEHOUSE PROPERTIES ST. LOUIS PARK MINNESOTA w w w . c o l l a g e a r c h . c o m DATE:08.27.2013 ZONING REVIEW SET KEY PLAN DATE: 08-23-13 I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. PETER KEELY REGISTRATION NO: 23570 Collage | architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 WOODDALE FLATS 1/4" = 1'-0" 1 SOUTH ELEVATION A200 1/4" = 1'-0" 2 EAST ELEVATION A200 City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 29 1349 TOTAL SQ.FT. THIS ELEVATION GLASS = 72 SQ.FT. BRICK = 405 SQ.FT. CLASS I MATERIALS CALCULATIONS 2088 TOTAL SQ.FT. THIS ELEVATION TOTAL = 818 SF / 1053 SF = 78% GLASS = 223 SQ.FT. BRICK = 692 SQ.FT. CLASS I MATERIALS CALCULATIONS MATERIAL INDEX PREFIN. METAL FLASHING (COLOR: MEDIUM BRONZE) *ALL MATERIAL BREAKS @ INSIDE CORNERS, SEE PLANS FOR ALL MATERIAL RETURNS. PROVIDE CONTROL JOINTS PER MFR. RECOMENDATIONS DECORATIVE CMU / ROCK FACE BLOCK (COLOR: TOFFEE) SYNTHETIC STONE VENEER COLOR TBD FIBER CEMENT SIDING (4" LAP, 5 16" THICK) (COLOR: TBD) VINYL WINDOWS (COLOR: WHITE) KASOTA STONE SILL (COLOR: AMBER BLEND VEINE) BRICK #1 THIRD RUNNING BOND GROUT - TBD FIBER CEMENT PANEL (SMOOTH FINISH) (COLOR: TBD) PREFINISHED ALUMINUM RAILING (COLOR: MEDIUM BRONZE) WOOD TRELLIS (COLOR: TBD) ASPHALT SHINGLES (COLOR: TBD) METAL ROOFING (COLOR: TBD) BRICK #2 - ACCENT SOLDIER COURSE GROUT - TBD STUCCO (COLOR: TBD) FIBER CEMENT TRIM A (COLOR: TBD) FIBER CEMENT TRIM B (COLOR: TBD) WOOD BRACKETS (COLOR: TBD) DECORATIVE LOUVER (COLOR: TBD) WRAPPED WOOD COLUMN W/ TRIM (COLOR: TBD) MATERIAL INDEX PREFIN. METAL FLASHING (COLOR: MEDIUM BRONZE) *ALL MATERIAL BREAKS @ INSIDE CORNERS, SEE PLANS FOR ALL MATERIAL RETURNS. PROVIDE CONTROL JOINTS PER MFR. RECOMENDATIONS DECORATIVE CMU / ROCK FACE BLOCK (COLOR: TOFFEE) SYNTHETIC STONE VENEER COLOR TBD FIBER CEMENT SIDING (4" LAP, 5 16" THICK) (COLOR: TBD) VINYL WINDOWS (COLOR: WHITE) KASOTA STONE SILL (COLOR: AMBER BLEND VEINE) BRICK #1 THIRD RUNNING BOND GROUT - TBD FIBER CEMENT PANEL (SMOOTH FINISH) (COLOR: TBD) PREFINISHED ALUMINUM RAILING (COLOR: MEDIUM BRONZE) WOOD TRELLIS (COLOR: TBD) ASPHALT SHINGLES (COLOR: TBD) METAL ROOFING (COLOR: TBD) BRICK #2 - ACCENT SOLDIER COURSE GROUT - TBD STUCCO (COLOR: TBD) FIBER CEMENT TRIM A (COLOR: TBD) FIBER CEMENT TRIM B (COLOR: TBD) WOOD BRACKETS (COLOR: TBD) DECORATIVE LOUVER (COLOR: TBD) WRAPPED WOOD COLUMN W/ TRIM (COLOR: TBD) TOTAL = 1,270 SF / 2088 SF = 61% STUCCO = 207 SQ.FT. STUCCO = 135 SQ.FT. 1 11 13 11 15 4 6 6 18 1 11 13 4 7 6 7 15 12 9 12 7 77 1111 5 11 1 33'-5"26'-212"33'-1"24'-10"CLASS II MATERIALS CALCULATIONS CEMENT BOARD LAPSIDING = 687 SF CEMENT BOARD LAPSIDING USED AS CLASS I MATERIAL =208 SF =10% STONE = 12 SQ.FT. CLASS II MATERIALS CALCULATIONS CEMENT BOARD LAPSIDING = 98 SF CEMENT BOARD LAPSIDING USED AS CLASS I MATERIAL = 134 SF =10% A201 BUILDING #1 ELEVATIONS GATEHOUSE PROPERTIES ST. LOUIS PARK MINNESOTA w w w . c o l l a g e a r c h . c o m DATE:08.27.2013 ZONING REVIEW SET KEY PLAN DATE: 08-23-13 I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. PETER KEELY REGISTRATION NO: 23570 Collage | architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 WOODDALE FLATS 1/4"=1'-0" 1 NORTH FACING ELEVATION A201 1/4"=1'-0" 2 WEST FACING ELEVATION A201 City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 30 12'-0" X 15'-0"BEDROOM 212'-8" x 12'-2"GREAT ROOM18'-1" x 28'-2"GREAT ROOMMASTER BEDROOM15'-2" x 15'-8"18'-0" x 28'-2"BATHLAUNDRY5'-4" x 11'-4"CLOSET10'-10" x 7'-6"6'-5" x 8'-5"L.FPP.DWR.OPTIONAL P.FPR.DWOPTIONALCALHOUN SINGLE LEVEL CEDAR SINGLE LEVELW/DDECK17'-6" x 5'-3"BATH8'-0" x 8'-2"L.WINE /PANTRYWINE /PANTRYF.W.H.GARAGE 30'-0" x 22'-0"BATH8'-0" x 8'-2"W/DF.W.H.BATH 5'-4" x 11'-4" L.14'-0" x 13'-1"MASTER BEDROOM1102 GSF BEDROOM 23'-6"3'-6"3'-913 16" TYPE 'A' ACCESIBLE FIRST FLOOR AREA = 4527 GSF GARAGE = 1102 GSF UPPER UNIT = 4105 GSF CALHOUN = 1380 GSF CEDAR UNIT= 1548 GSF BUILDING / UNIT AREAS TOTAL BUILDING AREA = 8,752 GSF HVAC UNITS A100 BUILDING #1 FIRST FLOOR PLAN GATEHOUSE PROPERTIES ST. LOUIS PARK MINNESOTA w w w . c o l l a g e a r c h . c o m DATE:08.27.2013 ZONING REVIEW SET KEY PLAN DATE: 08-23-13 I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. PETER KEELY REGISTRATION NO: 23570 Collage | architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 WOODDALE FLATS 1/4" = 1'-0" 1 FIRST FLOOR PLAN A100 City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 31 MASTER BEDROOM15'-2" x 15'-8"BATH5'-4" x 11'-4"CLOSET17'-1" x 7'-6"W.H.'CABIN'18'-0" x 13'-1"W/D F.WORKOUT ROOM14'-4" x 13'-6"DINING14'-1" X 14'-9"BEDROOM12'-0" X 17'-7"MUDROOM 8'-9" x 11'-9"WORK AREA10'-2" X 11'-8"GREAT ROOM18'-0" x 28'-2"DWR. W/D STORAGE10'-0"x 19'-0"BATH 5'-4" x 11'-4" L. F.DECK22'-7" X 10'-10"STOR.38'-0"11'-0"11'-0"8'-0"3'-10"10'-0"10'-2" 24'-0"16'-4"25'-8"7'-0"2'-8"23'-8" 5'-5"1'-6"7'-8"3'-3"7'-0"2'-7"7'-0"11'-8"3'-2" 7'-4" 24'-8" 99'-4" 39'-4"25'-8" 8'-4"3'-4"8'-0"1'-6"8'-8"7'-8" WO 7'-0"47'-4"7'-4"7'-0"11'-0"2'-0"11'-0"2'-0"'PORCH'6'-5" X 17'-0"DECK6'-2" X 16'-0"GAS CAB. BELOWCAB. BELOWCAB. THIS SIDETOWEL RACKSOPEN 18" SHELVESBENCH R. 3 SHELVES BELOW CTR. 1 SHELVES BELOW CTR. 'CUBBIES'R.S.5'-8"5'-8"8'-8" AREA OF REFUGE AREA OF REFUGE UPPER UNIT = 4105 GSF BUILDING / UNIT AREAS A101 BUILDING #1 SECOND FLOOR PLAN GATEHOUSE PROPERTIES ST. LOUIS PARK MINNESOTA w w w . c o l l a g e a r c h . c o m DATE:08.27.2013 ZONING REVIEW SET KEY PLAN DATE: 08-23-13 I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. PETER KEELY REGISTRATION NO: 23570 Collage | architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 WOODDALE FLATS 1/4" = 1'-0" 1 SECOND FLOOR PLAN A101 City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 32 WINDOW WELL WHERE NEEDED SEE SITE PLAN 14 19 MATERIAL INDEX PREFIN. METAL FLASHING (COLOR: MEDIUM BRONZE) *ALL MATERIAL BREAKS @ INSIDE CORNERS, SEE PLANS FOR ALL MATERIAL RETURNS. PROVIDE CONTROL JOINTS PER MFR. RECOMENDATIONS DECORATIVE CMU / ROCK FACE BLOCK (COLOR: TOFFEE) SYNTHETIC STONE VENEER COLOR TBD FIBER CEMENT SIDING (4" LAP, 5 16" THICK) (COLOR: TBD) VINYL WINDOWS (COLOR: WHITE) KASOTA STONE SILL (COLOR: AMBER BLEND VEINE) BRICK #1 THIRD RUNNING BOND GROUT - TBD FIBER CEMENT PANEL (SMOOTH FINISH) (COLOR: TBD) PREFINISHED ALUMINUM RAILING (COLOR: MEDIUM BRONZE) WOOD TRELLIS (COLOR: TBD) ASPHALT SHINGLES (COLOR: TBD) METAL ROOFING (COLOR: TBD) BRICK #2 - ACCENT SOLDIER COURSE GROUT - TBD STUCCO (COLOR: TBD) FIBER CEMENT TRIM A (COLOR: TBD) FIBER CEMENT TRIM B (COLOR: TBD) WOOD BRACKETS (COLOR: TBD) DECORATIVE LOUVER (COLOR: TBD) WRAPPED WOOD COLUMN W/ TRIM (COLOR: TBD) 4673 TOTAL SQ.FT. THIS ELEVATION BRICK = 763 SQ.FT. GLASS = 428 SQ.FT. CLASS I MATERIALS CALCULATIONS TOTAL = 2968 SF / 4673 SF = 64% STUCCO = - 1,267 SQ.FT. 5 13 8 9 8 1 2 2 33 1 1 11 8 6 11 4 6 88 6 77 7 7 11 6 4'-8" VARIES9'-118"1'-834"9'-118"1'-834"9'-118"1'-834"9'-118"1'-834"ROOF BEARING 141'-6 3/4" THIRD FLOOR 132'-5 5/8" SECOND FLOOR 121'-7 3/4" FIRST FLOOR 110'-9 7/8" LOWER LEVEL 100'-0" T.O. FOOTING EL. VARIES 33'-10"22'-05 8"25'-81 2"42'-6"3'-6"48'-2"STONE = 43 SQ.FT. CEMENT BOARD LAPSIDING USED AS CLASS I MATERIAL =467 SF =10% CEMENT BOARD LAPSIDING = 1517 SF CLASS II MATERIALS CALCULATIONS RTU SCREEN 2'-10"51'-0"MATERIAL INDEX PREFIN. METAL FLASHING (COLOR: MEDIUM BRONZE) *ALL MATERIAL BREAKS @ INSIDE CORNERS, SEE PLANS FOR ALL MATERIAL RETURNS. PROVIDE CONTROL JOINTS PER MFR. RECOMENDATIONS DECORATIVE CMU / ROCK FACE BLOCK (COLOR: TOFFEE) SYNTHETIC STONE VENEER COLOR TBD FIBER CEMENT SIDING (4" LAP, 5 16" THICK) (COLOR: TBD) VINYL WINDOWS (COLOR: WHITE) KASOTA STONE SILL (COLOR: AMBER BLEND VEINE) BRICK #1 THIRD RUNNING BOND GROUT - TBD FIBER CEMENT PANEL (SMOOTH FINISH) (COLOR: TBD) PREFINISHED ALUMINUM RAILING (COLOR: MEDIUM BRONZE) WOOD TRELLIS (COLOR: TBD) ASPHALT SHINGLES (COLOR: TBD) METAL ROOFING (COLOR: TBD) BRICK #2 - ACCENT SOLDIER COURSE GROUT - TBD STUCCO (COLOR: TBD) FIBER CEMENT TRIM A (COLOR: TBD) FIBER CEMENT TRIM B (COLOR: TBD) WOOD BRACKETS (COLOR: TBD) DECORATIVE LOUVER (COLOR: TBD) WRAPPED WOOD COLUMN W/ TRIM (COLOR: TBD) 2165 TOTAL SQ.FT. THIS ELEVATION BRICK = 720 SQ.FT. GLASS = 551 SQ.FT. CLASS I MATERIALS CALCULATIONS TOTAL = 1536 SF / 2165 SF = 71% STUCCO = 180 SQ.FT. 11 13 19 1 7 5 3 44422 6 16 6 7 2 14 19 12 4 6 1 2 9 1 7 8 6 CEMENT BOARD LAPSIDING = 461 SF 4'-8" VARIES9'-118"1'-834"9'-118"1'-834"9'-118"1'-834"9'-118"1'-834"ROOF BEARING 141'-6 3/4" THIRD FLOOR 132'-5 5/8" SECOND FLOOR 121'-7 3/4" FIRST FLOOR 110'-9 7/8" LOWER LEVEL 100'-0" 42'-6"48'-2"STONE = 85 SQ.FT. CEMENT BOARD LAPSIDING USED AS CLASS I MATERIAL = 0 SF = 0% CLASS II MATERIALS CALCULATIONS A202 BUILDING #2 ELEVATIONS GATEHOUSE PROPERTIES ST. LOUIS PARK MINNESOTA w w w . c o l l a g e a r c h . c o m DATE:08.27.2013 ZONING REVIEW SET KEY PLAN DATE: 08-23-13 I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. PETER KEELY REGISTRATION NO: 23570 Collage | architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 WOODDALE FLATS 3/16"=1'-0" 1 SOUTH ELEVATION (AT BUILDINGS 2,4,AND 5) NORTH ELEVATION AT BUIDLINGS 3 AND 6 SAME REVERSED. A202 3/16"=1'-0" 2 EAST ELEVATION A202 City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 33 WINDOW WELL WHERE NEEDED SEE SITE PLAN 14 19 8 5 13 8 9 1 1 2 7 4698 TOTAL SQ.FT. THIS ELEVATION 2 33 1 1 1 8 6 11 4 6 8 676 3 7 BRICK = 763 SQ.FT. GLASS = 407 SQ.FT. CLASS I MATERIALS CALCULATIONS TOTAL = 2,883 SF / 4698 SF = 61% STUCCO = 1201 SQ.FT. 4 6 MATERIAL INDEX PREFIN. METAL FLASHING (COLOR: MEDIUM BRONZE) *ALL MATERIAL BREAKS @ INSIDE CORNERS, SEE PLANS FOR ALL MATERIAL RETURNS. PROVIDE CONTROL JOINTS PER MFR. RECOMENDATIONS DECORATIVE CMU / ROCK FACE BLOCK (COLOR: TOFFEE) SYNTHETIC STONE VENEER COLOR TBD FIBER CEMENT SIDING (4" LAP, 5 16" THICK) (COLOR: TBD) VINYL WINDOWS (COLOR: WHITE) KASOTA STONE SILL (COLOR: AMBER BLEND VEINE) BRICK #1 THIRD RUNNING BOND GROUT - TBD FIBER CEMENT PANEL (SMOOTH FINISH) (COLOR: TBD) PREFINISHED ALUMINUM RAILING (COLOR: MEDIUM BRONZE) WOOD TRELLIS (COLOR: TBD) ASPHALT SHINGLES (COLOR: TBD) METAL ROOFING (COLOR: TBD) BRICK #2 - ACCENT SOLDIER COURSE GROUT - TBD STUCCO (COLOR: TBD) FIBER CEMENT TRIM A (COLOR: TBD) FIBER CEMENT TRIM B (COLOR: TBD) WOOD BRACKETS (COLOR: TBD) DECORATIVE LOUVER (COLOR: TBD) WRAPPED WOOD COLUMN W/ TRIM (COLOR: TBD)4'-8" VARIES9'-118"1'-834"9'-118"1'-834"9'-118"1'-834"9'-118"1'-834"ROOF BEARING 141'-6 3/4" THIRD FLOOR 132'-5 5/8" SECOND FLOOR 121'-7 3/4" FIRST FLOOR 110'-9 7/8" LOWER LEVEL 100'-0" T.O. FOOTING EL. VARIES 10'-11"4'-8" VARIES9'-118"1'-834"9'-118"1'-834"9'-118"1'-834"9'-118"1'-834"ROOF BEARING 141'-6 3/4" THIRD FLOOR 132'-5 5/8" SECOND FLOOR 121'-7 3/4" FIRST FLOOR 110'-9 7/8" LOWER LEVEL 100'-0" T.O. FOOTING EL. VARIES CEMENT BOARD LAPSIDING USED AS CLASS I MATERIAL =469 SF =10% STONE = 43 SQ.FT. CLASS II MATERIALS CALCULATIONS CEMENT BOARD LAPSIDING = 1217 SF 12 11 7 11 6 3 - - 11 6 10 7 STUCCO = 895 SQ.FT. 2165 TOTAL SQ.FT. THIS ELEVATION BRICK = - SQ.FT. GLASS = 228 SQ.FT. TOTAL = 1339 SF / 2245 SF = 60% CLASS I MATERIALS CALCULATIONS 6 MATERIAL INDEX PREFIN. METAL FLASHING (COLOR: MEDIUM BRONZE) *ALL MATERIAL BREAKS @ INSIDE CORNERS, SEE PLANS FOR ALL MATERIAL RETURNS. PROVIDE CONTROL JOINTS PER MFR. RECOMENDATIONS DECORATIVE CMU / ROCK FACE BLOCK (COLOR: TOFFEE) SYNTHETIC STONE VENEER COLOR TBD FIBER CEMENT SIDING (4" LAP, 5 16" THICK) (COLOR: TBD) VINYL WINDOWS (COLOR: WHITE) KASOTA STONE SILL (COLOR: AMBER BLEND VEINE) BRICK #1 THIRD RUNNING BOND GROUT - TBD FIBER CEMENT PANEL (SMOOTH FINISH) (COLOR: TBD) PREFINISHED ALUMINUM RAILING (COLOR: MEDIUM BRONZE) WOOD TRELLIS (COLOR: TBD) ASPHALT SHINGLES (COLOR: TBD) METAL ROOFING (COLOR: TBD) BRICK #2 - ACCENT SOLDIER COURSE GROUT - TBD STUCCO (COLOR: TBD) FIBER CEMENT TRIM A (COLOR: TBD) FIBER CEMENT TRIM B (COLOR: TBD) WOOD BRACKETS (COLOR: TBD) DECORATIVE LOUVER (COLOR: TBD) WRAPPED WOOD COLUMN W/ TRIM (COLOR: TBD)4'-8" VARIES9'-118"1'-834"9'-118"1'-834"9'-118"1'-834"9'-118"1'-834"ROOF BEARING 141'-6 3/4" THIRD FLOOR 132'-5 5/8" SECOND FLOOR 121'-7 3/4" FIRST FLOOR 110'-9 7/8" LOWER LEVEL 100'-0" 10'-11"CEMENT BOARD LAPSIDING USED AS CLASS I MATERIAL =216 SF =10% CLASS II MATERIALS CALCULATIONS CEMENT BOARD LAPSIDING = 776 SF STONE = - SQ.FT. A203 BUILDING #2 ELEVATIONS GATEHOUSE PROPERTIES ST. LOUIS PARK MINNESOTA w w w . c o l l a g e a r c h . c o m DATE:08.27.2013 ZONING REVIEW SET KEY PLAN DATE: 08-23-13 I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. PETER KEELY REGISTRATION NO: 23570 Collage | architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 WOODDALE FLATS 3/16"=1'-0" 1 NORTH ELEVATION (AT BUILDINGS 2,4,AND 5) SOUTH ELEVATION AT BUIDLINGS 3 AND 6 SAME REVERSED. A203 3/16"=1'-0" 2 WEST ELEVATION (REVERSED AT BUILDING 3 AND 6) A203 City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 34 F.W.H. AREA BELOW STAIRFAMILY ROOMFAMILY / REC. ROOM18'-0" x 15'-6"11'-6" x 13'-2"18'-0" x 28'-1"BEDROOM 316'-0" x 12'-2"BEDROOM 311'-6" x 10'-1"GARAGEBEDROOM 221'-0" x 22'-0"GARAGE21'-0" x 44'-0"EL. LOBBYSTORAGECALHOUN UNIT (LOWER) CEDAR UNIT (LOWER)BATH8'-0" x 8'-2"BATH8'-0" x 8'-2"L.L.F.W.H.MECHSTORAGE5'-4" X 5'-6"STORAGESTORAGESTORAGE6 BIKE PARKING SPOTS5'-4" X 5'-6"5'-4" X 5'-6"5'-4" X 5'-6"555 GSF1102 GSFWATER 2'-0"5'-3"4'-5"25'-8"22'-1"65'-7" 123'-0" 2'-0"4'-5"25'-8"16'-4"24'-0"47'-4"24'-0"25'-3"49'-3"1'-7"11'-5"1'-7"11'-5"6'-0"6'-0"9'-4"LOWER LEVEL AREA = 4,512 GSF GARAGE = 1,657 GSF 2-STORY CALHOUN UNIT = 971 GSF (THIS LEVEL) 2-STORY CEDAR UNIT= 1,040 GSF (THIS LEVEL) BUILDING / UNIT AREAS BIKES/BIKES/BIKES/BIKES/TOTAL BUILDING AREA = 16,159 GSF LOCATION OF MECHANICAL UNITS AT BLDG #6 ONLY MECHANICAL UNITS A103 BUILDING #2 LOWER LEVEL PLAN GATEHOUSE PROPERTIES ST. LOUIS PARK MINNESOTA w w w . c o l l a g e a r c h . c o m DATE:08.27.2013 ZONING REVIEW SET KEY PLAN DATE: 08-23-13 I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. PETER KEELY REGISTRATION NO: 23570 Collage | architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 WOODDALE FLATS 1/4" = 1'-0" 1 LOWER LEVEL PLAN A103 City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 35 STUDY12'-0" X 9'-9"BEDROOM 211'-6" x 13'-2"GREAT ROOM18'-1" x 28'-2"GREAT ROOM18'-0" x 28'-2"DECKMASTER BEDROOM15'-2" x 15'-8"BATH5'-4" x 11'-4"CLOSET10'-10" x 7'-6"LAUNDRY6'-5" x 8'-5"L.ST.FPP.DWR.OPTIONALFPP.DWR.OPTIONALW/DBATH6'-0" x 18'-3"CLOSET6'-4" x 11'-1"W/DLAUNDRYMASTER BEDROOM16'-10" x 14'-0"L.DECK17'-6" x 5'-3"DECK17'-6" x 5'-3"1'-712"11'-412"6'-3"8'-1"6'-3"10'-912"2'-212"33'-10"22'-51 2"24'-11"4'-41 2" 85'-7"30'-6"17'-1112"48'-512"15'-111 2"23'-3"17'-1"24'-11"4'-41 2"EL. LOBBYBATH8'-0" x 8'-2"BATH8'-0" x 8'-2"L.L.AREA OF REFUGE AREA OF REFUGE 10'-0" B/O CL-1 FIRST LEVEL AREA = 3,610 GSF 2-STORY CALHOUN UNIT= 1,500 GSF (THIS LEVEL) 2,471 GSF TOTAL 2-STORY CEDAR UNIT= 1,649 GSF (THIS LEVEL) 2,689 GSF TOTAL BUILDING / UNIT AREAS CALHOUN UNIT (UPPER) CEDAR UNIT (UPPER) A104 BUILDING #2 FIRST FLOOR PLAN GATEHOUSE PROPERTIES ST. LOUIS PARK MINNESOTA w w w . c o l l a g e a r c h . c o m DATE:08.27.2013 ZONING REVIEW SET KEY PLAN DATE: 08-23-13 I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. PETER KEELY REGISTRATION NO: 23570 Collage | architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 WOODDALE FLATS 1/4" = 1'-0" 1 FIRST FLOOR PLAN A104 City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 36 FPBEDROOM 211'-8" x 11'-0"EL. LOBBYF.W.H.F.W.H.BEDROOM 211'-6" x 11'-0"STUDY11'-6" x 9'-0"BATH8'-0" x 8'-2"BATH8'-0" x 8'-2"GREAT ROOM18'-1" x 28'-2"GREAT ROOM18'-0" x 28'-2"BATH6'-0" x 18'-3"CLOSET6'-4" x 11'-1"BATH5'-4" x 11'-4"CLOSET10'-10" x 7'-6"W/DLAUNDRY17'-6" x 5'-3"MASTER BEDROOM16'-10" x 14'-0"MASTER BEDROOM15'-2" x 15'-8"L.L.L.L.P.DWR.OPTIONALFPP.DWR.OPTIONAL W/DLAUNDRYDECK17'-6" x 5'-3"WINE / PANTRY @ 3 17'-1112"30'-6"48'-512"15'-111 2"23'-3"17'-1"24'-11"4'-41 2" 33'-10"22'-51 2"24'-11"4'-41 2"5'-31 2" 90'-101 2"1'-712"11'-412"6'-3"8'-1"6'-3"11'-412"1'-712"AREA OF REFUGE AREA OF REFUGE SECOND AND THRID FLOOR AREA = 3,611 GSF ISLE UNIT =1,467 GSF HARRIET UNIT= 1,645 GSF BUILDING / UNIT AREAS HARRIET UNIT ISLE UNIT A105 BUILDING #2 SECOND & THIRD FLOOR PLAN GATEHOUSE PROPERTIES ST. LOUIS PARK MINNESOTA w w w . c o l l a g e a r c h . c o m DATE:08.27.2013 ZONING REVIEW SET KEY PLAN DATE: 08-23-13 I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. PETER KEELY REGISTRATION NO: 23570 Collage | architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 WOODDALE FLATS 1 SECOND & THIRD FLOOR PLAN A105 City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 37 EL. LOBBYBATHCOMMONROOF DECKBATH7'-5" x 5'-4"STORAGESTORAGEFPKITCHENETTEPRIVATEROOF DECK18'-0" x 39'-0"10'-10" X 10'-6"10'-10" X 10'-6"FP18'-0" x 39'-0"1'-1134"17'-012"17'-1516"1'-1114"4'-0"25'-8"22'-1"33'-10" 85'-7"17'-1112"30'-1012"48'-10"15'-7"24'-0"16'-4"25'-8"4'-0"9'-3"AREA OF REFUGE AREA OF REFUGE 3'-0" PUBLIC ROOF = ENCLOSED = 631 GSF (INCLUDES BOTH STAIRS, ELEVATOR LOBBY AND ELEVATOR) OPEN DECK = 703 SF BUILDING / UNIT AREAS 7'-5" x 5'-4"PRIVATE ROOF = ENCLOSED = 184 GSF OPEN DECK = 719 SF 1X6 CEDAR BOARDS ON WOOD POSTS SCREEN FOR MECH. UNITS KITCHENETTE MECHANICAL UNITS NOT TO EXCEED 40" IN HEIGHT 1X6 CEDAR BOARDS ON WOOD POSTS SCREEN FOR MECH. UNITS MECHANICAL UNITS NOT TO EXCEED 40" IN HEIGHT A106 BUILDING #2 ROOF PLAN GATEHOUSE PROPERTIES ST. LOUIS PARK MINNESOTA w w w . c o l l a g e a r c h . c o m DATE:08.27.2013 ZONING REVIEW SET KEY PLAN DATE: 08-23-13 I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. PETER KEELY REGISTRATION NO: 23570 Collage | architects Architect Pete Keely 651.472.0050 705 Raymond Avenue #200 St. Paul, Minnesota 55114 WOODDALE FLATS 1 ROOF PLAN A106 City Council Meeting of October 7, 2013 (Item No. 8a) Title: Wooddale Flats Rezoning, Preliminary & Final Plat and PUD - 4017 Utica Ave & 3998 Wooddale Ave Page 38 Meeting: City Council Meeting Date: October 7, 2013 Action Agenda Item: 8b EXECUTIVE SUMMARY TITLE: The West End AUAR Update RECOMMENDED ACTION: Motion to Adopt Resolution approving the Alternative Urban Areawide Review Update (AUAR) for The West End Redevelopment Project located in the southwest quadrant of Highways 394 and 100. POLICY CONSIDERATION: Does the City Council accept Final AUAR Update for the West End Redevelopment Project. SUMMARY: City Council adopted an environmental analysis for The West End in 2007. The type of analysis used was an Alternative Urban Areawide Review. The AUAR is due for an update because it is five years old and all phases of the development have not been built. The City of St. Louis Park is the responsible governmental unit (RGU) for the AUAR. City Council authorized distribution of the Draft AUAR Update on September 3, 2013. The City hired Kimley-Horn and Associates, Inc. to complete the AUAR update. The document is attached for your review. The report focuses on the three areas that were identified as potential limiting factors for development under the original AUAR, including sanitary sewer use, water use, and traffic. The analysis used the latest information on existing conditions. The analysis also explored two modified scenarios for remaining phases of development at The West End, including potential future redevelopment of the Chili’s and Olive Garden sites to multiple- family residential use. The AUAR analysis determined that sanitary sewer is no longer a limiting factor for the development. The capacity to handle the projected water use improved since the original study. Also, traffic will operate acceptably and within the parameters of the original AUAR. The AUAR recommends continuing to monitor and review both water use and traffic as each phase develops. No state agencies or the Met Council objected to the AUAR Update. The comments that were received were technical in nature and are addressed in the attached Final AUAR Update. The letters from Minnesota Department of Transportation, Minnesota Pollution Control Agency and Metropolitan Council, and the responses to each can be found in Appendix A. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. Duke Realty provided an escrow to the City of St. Louis Park to pay for all costs associated with the AUAR Update. VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Discussion Resolution Final AUAR Update Prepared by: Sean Walther, Senior Planner Reviewed by: Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of October 7, 2013 (Item No. 8b) Page 2 Title: The West End AUAR Update DISCUSSION BACKGROUND: The West End Final AUAR was completed in 2007 and according to Minnesota Rules 4410.3610, Subp. 7, must be revised every five years until all of the development within the area has been given final approval. Kimley-Horn and Associates, Inc. was retained to complete the AUAR Update. The City of St. Louis Park is the Responsible Governmental Unit (RGU) for this review, and as such is required to officially approve the Final AUAR Update. PARAMETERS OF THE AUAR UPDATE: This AUAR Update includes two additional scenarios as outlined by the developer, which change the amount of residential use previously proposed for the site: Revised Scenario 1A: • Existing conditions • Replace Chili’s and Olive Garden sites with residential use (334 apartment units) • 1.1 million SF of office space Revised Scenario 1B: • Existing conditions • Replace Chili’s and Olive Garden sites with residential use (334 apartment units) • 1.1 million SF of office space • Add 250 more apartment units The new scenarios are evaluated in comparison to the 2007 AUAR, specifically Scenario 1, which most closely represents the actual plans for the site. An AUAR Update does not require new analysis for each item addressed in the 2007 Final AUAR. Rather, the AUAR Update documents the development and mitigation that has been completed to date, and any changes in the development that have occurred or are planned to occur, which may affect future phases of implementation or mitigation measures. The AUAR Update focused on the areas of traffic, sanitary sewer, and water use since these were the areas that exceeded thresholds in the 2007 AUAR, and could have the potential to cause impacts under the revised scenarios studied in the AUAR Update. In addition, the list of mitigation measures in the 2007 AUAR was reviewed and updated to reflect current conditions. RESULTS: Sanitary sewer use is not anticipated to be a limiting factor to development under either scenario. With the removal of the Novartis/Nestle facility from the city’s system, the baseline condition has been adjusted and sanitary use generated by the full buildout of the development (Scenario 1B) falls beneath the thresholds identified in the AUAR, and within the available capacity of the current Met Council interceptor. Met Council is also in the process of increasing its system capacity in this area by the end of 2014. Water use will remain a limiting factor for both Scenario 1A and Scenario 1B. It is the city’s desire to remain under a 90 percent threshold of system use. At slightly over 90 and 92 percent use of the system, respectively, both scenarios are less than what was identified in the original AUAR (93.98%), but still over the 90 percent threshold. To remain within 90 percent capacity, the mitigation measures identified in the 2007 AUAR still apply. City Council Meeting of October 7, 2013 (Item No. 8b) Page 3 Title: The West End AUAR Update Traffic would not be a limiting factor under Scenarios 1A or 1B. No additional mitigation measures or adjustments are anticipated, but traffic should be monitored if full buildout of office uses occurs. PROCESS: Notice of availability for the Draft AUAR Update was published on September 16, 2013 in the Minnesota Environmental Quality Board (EQB) Monitor to start a mandatory 10-day review period. Copies of the AUAR Update were sent to 14 state agencies, Met Council, Minnehaha Creek Watershed District, and the City of Golden Valley, as required by the EQB. The comment period ended on September 30, 2013. Three comment letters were received from the Minnesota Pollution Control Agency, Metropolitan Council, and Minnesota Department of Transportation. These comments were straightforward and easy to address in the Final AUAR Update. The letters and responses can be found in Appendix A of the Final AUAR document. No state agencies or the Met Council objected to the AUAR Update. NEXT STEPS: Following approval by the City Council, notice of the decision will be published in the Minnesota Environmental Quality Board (EQB) Monitor, and a copy of the final document will be distributed to all agencies on the distribution list. City Council Meeting of October 7, 2013 (Item No. 8b) Page 4 Title: The West End AUAR Update RESOLUTION NO. 13-____ RESOLUTION ADOPTING THE FINAL ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) UPDATE FOR THE WEST END REDEVELOPMENT PROJECT LOCATED IN THE SOUTHWEST CORNER OF HIGHWAYS 394 AND 100 WHEREAS, Duke Realty is continuing to redevelop approximately 35 acres of land located in the southwest corner of Highways 394 and 100, and WHEREAS, an environmental review is required by State Law, and WHEREAS, an Alternative Urban Areawide Review (AUAR) was been completed for the property in 2007, and is required to be updated every five years per State Law, and WHEREAS, a public and agency comment period was provided and comments were addressed in accordance with the environmental review process and requirements, and WHEREAS, a Mitigation Plan addressing environmental impacts has been reviewed and updated, and WHEREAS, mitigation measures will continue to be specifically addressed in detail with City land use and development approvals when specific site plans are proposed. NOW, THEREFORE BE IT RESOLVED that the City of St. Louis Park hereby adopts the Final Alternative Urban Areawide Review (AUAR) Update and Mitigation Plan for The West End Redevelopment Project located in the southwest quadrant of Highways 394 and 100. Reviewed for Administration Adopted by the City Council October 7, 2013 City Manager Mayor Attest: City Clerk The West End AUAR Update FINAL (Update of Final AUAR Adopted April 9, 2007) Prepared for: In Cooperation with: Prepared by: City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 5 ALTERNATIVE URBAN AREAWIDE REVIEW UPDATE THE WEST END FOR THE CITY OF ST. LOUIS PARK, MN Published September 16, 2013 Adopted _______, 2013 City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 6 i TABLE OF CONTENTS 1.0 Introduction ....................................................................................................................................... 1 2.0 Existing Conditions .......................................................................................................................... 1 3.0 Updated Scenarios ........................................................................................................................... 2 4.0 Impact Analysis................................................................................................................................. 2 5.0 Mitigation Summary and Update .................................................................................................... 6 6.0 AUAR Update Review ..................................................................................................................... 14 Appendix A. Comments and Responses City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 7 1 1.0 INTRODUCTION The West End study area consists of 48.6 acres located at the southwest corner of I-394 and Trunk Highway 100 in St. Louis Park, MN, with eastern portions of the site in Golden Valley, MN (see Figures 1 and 2). The City of St. Louis Park adopted The West End Final AUAR in March 2007. Since that time, some development within the study area has occurred. Pursuant to Minnesota Rules 4410.3610 Subp. 7, an AUAR and plan for mitigation must be revised every five years until all development in the study area has received final approval. Since the study area has not been fully developed, the purpose of this document is to update The West End AUAR pursuant to Minnesota Rules. The 2007 AUAR included an analysis of five development scenarios as follows: x Scenario 1 – 1,750,000 SF of redevelopment x Scenario 2 – Maximum Build Scenario – 3,085,00 SF of redevelopment x Scenario 3 – Minimum Build Scenario – 1,530,000 SF of redevelopment x Scenario 4 – 1,700,00 SF of redevelopment x Scenario 5 – Comprehensive Plan Scenario – 2,000,000 SF of redevelopment The 2007 adopted AUAR is available on the City’s website at www.stlouispark.org. This report is intended to serve as an update of the 2007 AUAR and includes a report on development to date, disclosure of updated development scenarios, an update to the environmental analysis as necessary, and a review of mitigation measures. 2.0 EXISTING CONDITIONS Scenario 1 as evaluated in the 2007 AUAR most closely resembles actual plans for the site, and has been consistently used as a comparison for reviewing development proposals. The 2007 AUAR Scenario 1 includes: x 1.0 million SF of office space x 400,000 SF of retail space (this number also includes restaurant and entertainment uses) x 250 condo units Since 2007, some of the planned development types have changed slightly. Most notably, planned condos were replaced with 119 apartment units known as The Flats at West End. Current development of the site includes: x 198,061 SF of retail, including grocery x 88,336 SF of restaurant (full service and fast food) x 59,500 SF of movie theater x 35,396 SF of 2nd story office x 119 apartment units The current Chili’s and Olive Garden sites may be removed to accommodate redevelopment. No office towers have been constructed to date. These development conditions were incorporated into the analyses completed for this AUAR Update. City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 8 2 In addition, a significant industrial facility has been removed from the city’s system since the 2007 AUAR was completed. The Novartis/Nestle facility is located outside of the AUAR boundary and was removed from the city’s system in April 2013. This facility used approximately eight percent of the city’s water capacity, so its removal reduces existing demand on the system. This adjustment was made to the baseline condition for purposes of this update. 3.0 UPDATED SCENARIOS This AUAR Update includes two additional scenarios as outlined by the developer, which change the amount of residential use previously proposed for the site: Revised Scenario 1A: x Existing conditions x Replace Chilis and Olive Garden sites with residential use (334 apartment units) x 1.1 million SF of office space Revised Scenario 1B: x Existing conditions x Replace Chilis and Olive Garden sites with residential use (334 apartment units) x 1.1 million SF of office space x Add 250 more apartment units The new scenarios are evaluated in comparison to the 2007 AUAR, specifically Scenario 1, which most closely represents the actual plans for the site. 4.0 IMPACT ANALYSIS Impact analysis of revised Scenarios 1A and 1B focuses on sanitary sewer, water use, and traffic. These were the issues which approached established thresholds or required specific mitigation measures as noted in the 2007 Final AUAR. For other issue areas, the analysis that was completed in 2007 remains valid. The issue areas expected to have no anticipated change in impact or mitigation measures are listed in Section 4.1 below. Areas requiring updated analysis are captured in Section 4.2. 4.1 AREAS OF NO ANTICIPATED CHANGE No changes are anticipated for the following areas within the 2007 AUAR. x Land Use x Cover Types x Fish, Wildlife, and Ecologically Sensitive Areas x Physical Impacts on Water Resources x Water-Related Land Use Management District x Water Surface Use x Erosion and Sedimentation x Water Quality: Surface Water Runoff x Water Quality: Wastewaters x Geological Hazards and Soil Conditions City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 9 3 x Solid Wastes, Hazardous Wastes, Storage Tanks x Vehicle-Related Air Emissions x Stationary Source Air Emissions x Odors, Noise, and Dust x Nearby Resources (Cultural Resources, Farmlands, Parks, Scenic Views) x Visual Impacts x Compatibility with Plans x Cumulative Impacts x Other Potential Environmental Impacts 4.2 AREAS REQUIRING UPDATED ANALYSIS Sanitary Sewer4.2.1 Sanitary sewer use is not anticipated to be a limiting factor to development under either scenario. With the removal of the Novartis/Nestle facility, the baseline condition has been adjusted and sanitary use generated by the full buildout of the development falls (Scenario 1B) beneath the thresholds identified in the AUAR, and within the available capacity of the current MCES interceptor (7.4 millions of gallons per day [MGD]). See Table 1. Metropolitan Council is also in the process of designing improvements to the current sanitary sewer system that are anticipated to increase system capacity by 5 MGD. Construction is anticipated to be complete by December of 2014. Table 1. Net Sanitary Peak Flow 4.3 WATER USE Water use will remain a limiting factor for both Scenario 1A and Scenario 1B. At slightly over 90 and 92 percent use of the system, respectively, both scenarios are less than what was identified in the original AUAR. However, as stated in the original AUAR, it is the city’s desire to remain under a 90 percent threshold. To remain within 90 percent capacity, additional mitigation measures or adjustments would be necessary under either scenario. AUAR Scenario 1* Revised Scenario 1A** Revised Scenario 1B** Existing Average Daily Flow (MGD)2.6 2.6 2.6 Average Daily Flow Increase (MGD)***0.269 0.393 0.462 Average Daily Flow Decrease (MGD)0.044 0.506 0.506 Net Average Daily Flow Adjustment (MGD)0.225 -0.113 -0.044 Total Average Daily Flow (Existing + Net Flow Adjustment) (MGD)2.825 2.487 2.556 Peak Hourly Flow (2.7 Peak Factor) (MGD)7.628 6.715 6.901 Peak Hourly Flow (2.37 Peak Factor) (MGD)6.695 5.894 6.058 *Decrease includes the Demolition of Existing buildings from 2007 AUAR. *** Increase is adjusted based on future demolition of Chili's and Olive Garden **Decrease Includes the Demolition of Existing buildings from 2007 AUAR and the closing of the Nestle factory. Nestle flow decrease estimated to be 95% of Nestle Water Use information provided by the City, to account for Irrigation and Infiltration. City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 10 4 Table 2. Water Use Summary 4.4 TRAFFIC Traffic would not be a limiting factor under Scenarios 1A or 1B as reflected in the following tables, although under Scenario 1B, trips are very close to the AUAR thresholds for the AM peak. No additional mitigation measures or adjustments are anticipated, but traffic should be monitored if full buildout under Scenario 1B occurs. Table 3. Traffic Summary – Scenario 1A AUAR Scenario 1 Revised Scenario 1A* Revised Scenario 1B* Total Firm System Capacity (MGD)13.32 13.32 13.32 City Firm Peak Usage (MGD)11.880 10.920 10.920 Capacity Available (MGD)1.436 2.400 2.400 Proposed Project Usage (MGD)0.638 1.114 1.310 Total City Usage (MGD)12.518 12.034 12.230 Capacity Available (post-construction) (MGD)0.802 1.286 1.090 Percent Total System Utilitized 93.98% 90.35%91.82% *City Peak Usage Adjusted for removal of Nestle Factory In Out In Out Office 1,100,000 square feet 8,310 1169 159 224 1094 Retail/Restaurant 346,674 square feet 14,863 218 139 624 676 Apartments 454 Units 3,019 45 182 176 95 Trip Generation Subtotal 26,192 1,432 480 1,024 1,865 Multi-Use Reduction (-10%)-2,619 -143 -48 -102 -187 TOTAL 23,573 1,289 432 922 1,678 Percent Increase -1% 9% 22% 2% 3% 2007 AUAR Trip Generation Limits 1,320 528 1,167 1,883 Land Use Size AM Peak Hour PM Peak HourDaily Trips 1 Trip generation calculations as documented in the West End AUAR, based on ITE Trip Generation, 7 th Edition (2003). 2 Trip generation calculations based on the most recent version of ITE Trip Generation, 9 th Edition (2012). City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 11 5 Table 4. Traffic Summary – Scenario 1B 4.5 SUMMARY The West End development will exceed the original AUAR estimates for sewage flow and water demand, however with the removal of the Novartis/Nestle facility, the existing infrastructure is capable of supporting the increased sanitary sewer demand created by the development under both Scenarios 1A and 1B. Water use is anticipated to be under the 2007 AUAR thresholds for both Scenarios 1A and 1B. However, both scenarios are above the city’s preferred 90 percent total system use. Additional mitigation measures or adjustments may be required. Traffic generated by both Scenarios 1A and 1B can be accommodated within the limits established in the original AUAR; however Scenario 1B is very close to reaching thresholds in the AM peak. No additional mitigation measures or adjustments are anticipated at this time, but traffic should be monitored if full buildout under Scenario 1B is implemented. In Out In Out Office 1,100,000 square feet 8,310 1169 159 224 1094 Retail 346,674 square feet 14,863 218 139 624 676 Apartments 454 Units 3,019 45 182 176 95 Added Apartments 250 Units 1,663 25 100 97 52 Trip Generation Subtotal 27,855 1,457 580 1,121 1,917 Multi-Use Reduction (-10%)-2,785 -146 -58 -112 -192 TOTAL 25,070 1,311 522 1,009 1,725 Percent Increase 5% 11%48%11%6% 2007 AUAR Trip Generation Limits 1,320 528 1,167 1,883 Daily Trips AM Peak Hour PM Peak HourLand Use Size 1 Trip generation calculations as documented in the West End AUAR, based on ITE Trip Generation, 7 th Edition (2003). 2 Trip generation calculations based on the most recent version of ITE Trip Generation, 9 th Edition (2012). City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 12 6 5.0 MITIGATION SUMMARY AND UPDATE Based on this AUAR Update, the West End has developed generally as anticipated under Scenario 1 in the 2007 AUAR. Mitigation measures outlined in the 2007 AUAR remain valid or have been completed, or may no longer apply. The mitigation measures are outlined below, including a progress update. As a result of the analysis update, no additional mitigation measures are proposed over those identified in the 2007 AUAR. 5.1 REDEVELOPMENT PHASING 5.1.1 The developer will not incorporate condominiums into the proposed redevelopment at this time. If in the future condominiums are desired on the site, a re-evaluation of impacts will need to occur.No longer applies. Apartments have been built instead of condominiums on the site. 5.1.2 Development will be phased to allow for incremental monitoring of utility usage. Timing of all phases will be market dependent, but the following is an estimated schedule: ƒPhase 1 – all retail development on western half of site (Summer 2007 – Winter 2008-2009) Completed ƒPhase 2 – one office building and hotel on eastern half of site (Summer 2007 – Fall 2008) Incomplete; office building has not been built and apartments built instead of hotel ƒPhase 3 – remaining office buildings (market dependent)Incomplete 5.2 WATER USE The City’s goal is that total water usage not exceed 90 percent of the City’s existing capacity. The 90 percent threshold is a concern only during periods of extreme summer peak water usage (1 to 5 week period). To manage water usage, the following strategies will be implemented: 5.2.1 Site users will abide by the City’s restrictions on lawn sprinkling, including no watering between noon and 6:00 P.M., and adhering to the odd/even schedule (properties with odd numbered addresses sprinkle on odd numbered days, and properties with even numbered addresses sprinkle on even numbered days). Additional use restrictions can also be implemented in accordance with the City’s Water Supply and Conservation Plan.Remains valid 5.2.2 Developer will follow State requirements for use of standard low-flow fixtures.Remains valid 5.2.3 The City will monitor water use via meter readings after Phases 1 and 2 of the redevelopment are complete (retail and one office building, respectively). Water use calculations will be re-evaluated at this time.Complete for Phase 1. Phase 2 now considered to be apartment development. Remains valid. 5.2.4 If water use exceeds expectations, and/or future phases are anticipated to exceed 90 percent total system capacity, the City and the developer will cooperate to explore both city-wide and project- specific measures to increase capacity and minimize peak water consumption. Methods could include reclamation of stormwater for irrigation purposes.Remains valid 5.2.5 The City will explore the possibility of adding a treatment plant to Well #6, which is currently inactive. This project is not currently identified in the City’s Capital Improvement Plan, however it could City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 13 7 add 1.5 million gallons per day (MGD) to the existing system capacity. This or other strategies will be evaluated for providing additional water capacity. A target implementation date has not been identified. If the need is shown, the timing of this project may be accelerated in the Capital Improvement Plan. Remains valid With regards to the existing monitoring well located near the study area, the developer will: 5.2.6 Coordinate with the MPCA to regarding procedure for sealing this well, if deemed necessary. If well replacement is required, the location of the new well will be determined in coordination with the MPCA. Completed Dewatering during construction will require: 5.2.7 The developers will obtain a Groundwater Appropriation Permit as required if dewatering will exceed 10,000 gallons per day.Remains valid 5.2.8 All water pumped during construction dewatering activities will be discharged in compliance with the City, watershed and MDNR requirements and the NPDES permit. No discharge water will be directed to surface waters without prior retention in a temporary settling basin.Remains valid 5.2.9 The City and the developer will follow current water appropriation permit review and approval processes as reflective of the Master Water Supply Plan (Master Plan) for the Twin Cities metro area, as jointly adopted by the Metropolitan Council and the Minnesota Department of Natural Resources.New measure added at request of Metropolitan Council 5.3 EROSION AND SEDIMENTATION 5.3.1 Project proposers are required to acquire NPDES General Stormwater Permit for Construction Activity from the MPCA prior to initiating earthwork for each phase of project. This permit requires that the MPCA’s Best Management Practices (BMPs) be used to control erosion and that all erosion controls be inspected at least once every seven days and after each rainfall exceeding 0.5 inch of precipitation. Remains valid 5.3.2 The City will require project proposers to meet the erosion and sediment control regulations in all applicable regulations, ordinances and rules of the City, MPCA, and Minnehaha Creek Watershed District (MCWD).Remains valid 5.3.3 The developer will carry out soil correction for the proposed buildings. Existing fill and buried organic soils must be subcut and removed to expose medium dense to dense non-organic granular soils, after which approved compacted backfill must be placed. Possible methods for project building foundations, as recommended in the Preliminary Report of Geotechnical Exploration (AET, Inc., September 2006) include: x Carry out conventional soil correction, which will require dewatering, backfill with approved compacted granular soils and crushed rock, and support the buildings on conventional spread footing foundations. Additional borings and pressure meter testing would be required for this method.Remains valid x Use rammed aggregate piers to improve the existing fill and naturally-occurring soils in situ,and support the buildings on conventional spread footing foundations.Remains valid City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 14 8 x Use driven pile foundations, with structural slabs for the lowest levels.Remains valid 5.4 WATER QUALITY – SURFACE WATER RUNOFF 5.4.1 The City will require stormwater management systems to be developed in accordance with Minnehaha Creek Watershed District Rules,City ordinances and National Urban Runoff Program standards.Remains valid 5.4.2 The City will require project proposers to use techniques that reduce total phosphorus content of proposed runoff by 50 percent, per MCWD requirements.Remains valid 5.4.3 The developer will work with MCWD to determine acceptable BMPs and/or treatment systems to accommodate required phosphorous removal.Remains valid 5.4.4 The City recommends that project proposers use stormwater management techniques that encourage infiltration of stormwater runoff whenever possible, to maximize the infiltration potential of the AUAR Study Area.Remains valid 5.4.5 The project is located within the Drinking Water Supply Management Area for the City of St. Louis Park. Stormwater infiltration practices will be developed using Minnesota Department of Health guidance for vulnerable wellhead protection areas.New measure added at the request of Minnesota Pollution Control Agency 5.4.6 Implement provisions of the City’s Erosion Control Ordinance that require the use, management and enforcement of BMPs to provide pretreatment of water discharged during and after construction. Remains valid 5.4.7 The City will require that the stormwater management system be designed to hold the 100-year event rate on-site and release it at the 10-year event rate, per City standards.Remains valid 5.5 WATER QUALITY – WASTEWATER The City will require that construction and operation of the sanitary system maintain existing City peak flow of 2.37 and no greater than 6.5 peak MGD at M-120 as required by Metropolitan Council Environmental Services (MCES). To accomplish this, the following strategies will be implemented: 5.5.1 The City and MCES will monitor flow readings at M-120 after construction of Phases 1 and 2 are complete (retail and one office building), and after a major rain event.No longer applies – capacity no longer a limiting factor. 5.5.2 Upon completion of Phase 2, flow projections will be re-evaluated based on post-Phase 2 monitoring. Sanitary flow calculations will be re-evaluated at this time. If sanitary flow into M-120 for full development is projected to exceed 6.5 peak MGD prior to planned MCES improvements to the interceptor, the City and developer will coordinate to design and construct appropriate temporary peak flow storage until the MCES interceptor is upgraded or other solutions are implemented. The specific obligations of the developer will be addressed in the Developer’s Agreement for its project.No longer applies – capacity no longer a limiting factor. 5.5.3 The City will place priority on inflow and infiltration projects within the flowshed of this interceptor in the next 3 years.Remains valid City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 15 9 5.5.4 The City will coordinate with MCES to encourage construction and completion of the planned interceptor improvements by the end of 2010, as stated in an MCES letter to City of St. Louis Park dated December 13, 2006 (Appendix B).No longer applies; construction in progress and anticipated to be completed by December 2014. 5.6 SOLID WASTES, HAZARDOUS WASTES, AND STORAGE TANKS 5.6.1 Efforts will be made by the developer to minimize pollution during construction by properly disposing of construction debris in accordance with federal, state and local regulations.Remains valid 5.6.2 The developer will inspect, sample, and remove building materials prior to demolition, as required by state law. All asbestos-containing materials or lead-based paint will be disposed of according to state and federal regulations in an MPCA-licensed demolition landfill.Remains valid 5.6.3 Any disturbance of lead-based paint will require compliance with the Occupational Safety and Health Administration (OSHA) Lead in Construction Standard.Remains valid 5.6.4 Other solid waste materials found in the buildings may also require special disposal or recycling prior to demolition, such as fluorescent bulbs, furnace and other utility materials, motors, drinking fountains, electronic equipment, and electrical materials. The developer will handle and dispose of these materials in accordance with state and federal regulations.Remains valid 5.6.5 The City will require that the demolition contractor consider, if applicable, a source separation and recycling plan for concrete, wood, and metal.Remains valid 5.6.6 The developer will remove all tanks and associated underground piping in accordance with applicable state and federal laws. Remains valid 5.6.7 Any party that may discover contaminated materials shall follow state law and report immediately to the state duty officer at 651-649-5451 or 800-422-0798. Remains valid 5.7 TRAFFIC The following list of mitigation strategies includes all of the transportation improvements recommended in the Minneapolis West Redevelopment Traffic Analysis, Final Report,prepared by SRF Consulting Group, Inc. in January 2007. Following approval of the 2007 AUAR, the City of St. Louis Park worked with the developer on the feasibility of, and phasing required for each mitigation strategy, and how each was linked to the proposed development phasing. Responsibility for constructing and funding of these strategies was determined between the City and developer, and was documented in the developer’s agreement. The following mitigation strategies were recommended to be completed prior to the completion of Phases 1 and 2 for all scenarios studied in the 2007 AUAR, with additional mitigation strategies recommended prior to Phase 3. Based on the current level of development, it can be assumed that Phase 1 and part of Phase 2 of development have been completed. This list was reviewed by the City of St. Louis Park to document what mitigation measures have been completed, and which mitigation measures remain. The analysis completed for this AUAR Update did not identify any additional traffic mitigation measures. City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 16 10 Phases 1 and 2 Recommended Improvements Park Place Boulevard/I-394 North Ramp: 5.7.1 Install a westbound right-turn lane to provide a dual right-turn lane. In addition, modify the signal phasing to provide a right-turn overlap phase and optimize timing.Remains valid Park Place Boulevard/I-394 South Ramp 5.7.2 Install a northbound right-turn lane to provide a single right-turn lane. Completed Park Place Boulevard/Wayzata Boulevard: 5.7.3 Install a southbound left-turn lane to provide dual left-turn lanes. In addition, widen eastbound Wayzata Boulevard to accommodate the dual-left turn lane.Completed Park Place Boulevard/West 16th Street: 5.7.4 Modify the westbound approach to provide dual left-turn lanes, one through lane and a right-turn lane.Completed In addition, modify the signal phasing to provide a right-turn overlap phase. Completed 5.7.5 Modify the eastbound shared through/left-turn lane to an exclusive left-turn lane to provide dual left-turn lanes.Completed 5.7.6 Modify the existing exclusive eastbound right-turn lane to provide a shared through/right-turn lane.Completed 5.7.7 Eliminate the current split phasing and optimize the signal timing.Completed Quentin Avenue/Wayzata Boulevard: 5.7.8 Install a southbound right-turn lane.Remains valid 5.7.9 Install an eastbound right-turn lane. Remains valid Quentin Avenue/Old Cedar Lake Road : 5.7.10 Install a northbound left-turn lane.Completed 5.7.11 Modify the current striping to provide a southbound right-turn lane.Remains valid TH 100 East Frontage Road/Old Cedar Lake Road: 5.7.12 Modify and widen the westbound approach and re-stripe as two lanes. Remains valid 5.7.13 Widen the west end of the concrete island to create a 90-degree T-intersection. Remains valid Phase 3 Recommended Improvements Park Place Boulevard/I-394 North Ramp: City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 17 11 5.7.14 Install a westbound right-turn lane to provide a dual right-turn lane. In addition, modify the signal phasing to provide a right-turn overlap phase.Remains valid Park Place Boulevard/Wayzata Boulevard: 5.7.15 Install a westbound right-turn lane to provide dual right-turn lanes.Completed In addition, modify the signal phasing to provide a right-turn overlap phase and optimize timing. Completed 5.7.16 Install an additional northbound through lane beginning at north of Wayzata Boulevard and ending at the I-394 South Ramp.Completed Park Place Boulevard/West 16th Street: 5.7.17 Extend the existing southbound left-turn lane to provide 300 feet of storage.Completed 5.7.18 Modify the existing northbound shared through/right-turn lane to a through lane only.Completed 5.7.19 Install a northbound right-turn lane.Completed Park Place Boulevard/Gamble Drive: 5.7.20 Modify the existing westbound shared through/left-turn lane to an exclusive left-turn lane to provide dual left-turn lanes.Completed 5.7.21 Convert the existing westbound right-turn lane to a through lane and install an exclusive right- turn lane on this approach.Completed In addition, modify the signal phasing to provide a right-turn overlap phase. Completed 5.7.22 Eliminate the current split phasing and optimize the signal timing. Completed Based on the trip generation estimates, Scenarios 2 and 4 were the most intensive redevelopment scenarios. In addition to the improvements listed above, the following improvements are also recommended to maintain acceptable operations at all key intersections for future year 2010 build conditions under Scenarios 2 and 4. x Park Place Boulevard/Wayzata Boulevard – Install an additional northbound through lane beginning at West 16th Street, connecting to the through lane recommended at Wayzata Boulevard.Completed as a shared northbound through/right turn lane from the north side of 16th Street to Wayzata Boulevard x Park Place Boulevard/Wayzata Boulevard – Install an exclusive northbound right-turn lane. Remains valid Even with all of the proposed improvements, it was determined in the original AUAR that the intersection of Park Place Boulevard/West 16th Street, would continue to operate at a poor level of service under the maximum build scenario (Scenario 2). Therefore, it was determined that the adjacent roadway network cannot support the full build (100 percent) of Scenario 2. A sensitivity analysis was conducted and it was concluded that with the improvements identified, the adjacent roadway systems could accommodate 90 percent of the development assumed for Scenario 2, or 90 percent of the estimated peak hour trips under this scenario. Therefore, the final site plan cannot generate traffic that exceeds the following thresholds: City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 18 12 x 1,320 inbound trips and 528 outbound trips in the A.M. peak hour x 1,167 inbound and 1,883 outbound trips in the P.M. peak hour The AUAR Update traffic analysis was compared to these thresholds. TRAFFIC MANAGEMENT MEASURES The cities of St. Louis Park and Golden Valley have established a joint task force, which reviews Travel Demand Management (TDM) Plans for development in the established I-394 overlay zoning district. The AUAR study area lies completely within Zone A of this overlay district (City of St. Louis Park Code, Article IV, Sections 36-321 through 36-330). All developments proposed within the area covered by this overlay district which contain more than 0.6 square foot of gross floor area per each square foot of land area within a lot or parcel shall obtain a conditional use permit which conforms to the terms of this division. The conditional use permit shall contain measures to reduce travel demand within the district, including the following conditions: x A TDM Plan initially shall be prepared when the traffic generated for one hour during the P.M. peak hour three out of five consecutive business days reaches LOS E at more than half of the intersections (I-394 ramps and frontage road intersections) of the Xenia/Park Place interchange. Remains valid x Each development shall monitor the traffic generated by it (the locations and times to be determined by the joint task force)Remains valid x The TDM plans prepared by the owners may require the use of rideshare incentive programs, public transit incentives, bicycle and pedestrian incentive measures, variable work hours or flex- time programs under which employees are required to stagger their work hours, measures to reduce reliance on single-occupancy vehicles, shared parking and the like.Remains valid Based on these criteria and the traffic analysis that was completed for the AUAR study area, a TDM plan was not required for this area under city code. However, the City of St. Louis Park elected to require the development of a TDM plan for this study area, which may reduce the number of traffic improvements that may be required and could also reduce the on-site parking requirements. The TDM plan was required with the Developer Agreement. A TDM plan for the West End was completed in 2008. The measures listed below are intended to encourage residents, employees and visitors of The West End to use alternative modes of transportation instead of driving alone. The implementation of such measures is/will be facilitated by the developer or current building owner(s). (1)Ridesharing incentive programs x Provide information on all of the transportation alternatives, such as: bus-route maps, carpooling, and other information at on-site key locations. Information may be provided to new employees/residents in orientation or welcome packets.Remains valid x Conduct an annual transportation alternatives awareness campaign which will include information on all transportation alternatives.Remains valid (2)Public transit incentive programs City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 19 13 x Promote transit through information dissemination.Remains valid x Provide discount bus passes, such as Metro Pass, to provide incentives for transit use.Remains valid (3)Improvements in public transit x Work with Metro Transit to reroute bus service to serve the study area directly, especially the office buildings.Remains valid x Promote transit use through the provision of transit stops, bus shelters, and bus layover areas within the study area.Remains valid (4)Bicycle and pedestrian incentive measures x Promote bicycling and walking through information dissemination and the provision of bicycle storage facilities (i.e. bike racks and/or bike lockers), with nearby shower facilities for employees biking or walking to work.Remains valid (5)Variable work hours, or flex time x Promote flexible schedules for employees Remains valid x Provide telecommuting information. All residential units will be provided with digital cable access, giving residents the option of subscribing to high speed internet access.Remains valid (6)Measures to reduce the reliance on single-occupancy vehicles: x Promote car and vanpooling through information dissemination and with the assistance of Metro Commuter Services. Incentives such as preferential parking location for carpoolers may be offered as well.Remains valid (7)Provision of less parking area than that required under the provision of this chapter, shared parking arrangements, the incorporation of residential units Remains valid (8)Any other technique or combination of techniques capable of reducing the traffic and related impacts of the proposed use. Remains valid x The plan should designate an individual to act as the traffic management program coordinator to disseminate materials and participate in training or informational sessions about traffic- management programs.Remains valid x Work with delivery vehicles to access the site during off-peak traffic periods.Remains valid 5.8 VISUAL IMPACTS 5.8.1 Developer will design lighting to minimize impact on surrounding land uses, and a lighting plan will be developed to comply with City requirements.Remains valid 5.8.2 Developer shall consider the effect of sun angles and shade patterns on other buildings, per City requirements.Remains valid 5.8.3 City will review lighting impacts on surrounding neighborhoods during the Planned Unit Development (PUD) process.Remains valid City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 20 14 5.8.4 Developer will fully screen all cooling towers in accordance with City requirements.Remains valid 5.9 COMPATIBILITY WITH PLANS 5.9.1 Developer will request re-zoning with the City of Golden Valley to ensure that proposed land uses are consistent with current zoning.Completed 5.9.2 The proposer will work with the City of St. Louis Park to create a site plan which incorporates all City Code requirements.Remains valid 5.10 GENERAL IMPLEMENTATION TOOLS: 5.10.1 The proposed development will require an amendment to the City’s current Zoning Ordinance and other City Code and permit requirements.Completed 5.10.2 Approval of plans through the City’s development process, together with the necessary development agreements, which include specific requirements.Remains valid 5.10.3 Enforcement of the permitting requirements of all applicable local, state, and federal agencies. Remains valid 5.10.4 Update the AUAR if the following conditions or assumptions change in accordance with MN Rules 4410.3610, subp. 3: x Five years have passed since the RGU adopted the original environmental analysis document and plan for mitigation or the latest revision. This item does not apply if all development within the area has been given final approval by the RGU.Remains valid x A comprehensive plan amendment is proposed that would allow an increase in development over the levels assumed in the environmental analysis document.Remains valid x Total development within the area would exceed the maximum levels assumed in the environmental analysis document.Remains valid x A substantial change is proposed in public facilities intended to service development in the area that may result in increased adverse impacts on the environment.Remains valid x Development or construction of public facilities will occur on a schedule other than that assumed in the environmental analysis document or plan for mitigation so as to substantially increase the likelihood or magnitude of potential adverse environmental impacts or to substantially postpone the implementation of identified mitigation measures.Remains valid x New information demonstrates that important assumptions or background conditions used in the analysis presented in the environmental analysis document are substantially in error and that environmental impacts have consequently been substantially underestimated.Remains valid x The RGU determines that other substantial changes have occurred that may affect the potential for, or magnitude of, adverse environmental impacts.Remains valid 6.0 AUAR UPDATE REVIEW Pursuant to Minnesota Rules 4410.3610 Subp. 7, this AUAR Update is available for a comment period of 10 business days. Once the comment period is over and if no objections are filed by state agencies or City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 21 15 the Metropolitan Council, the City of St. Louis Park will adopt the AUAR Update. The West End AUAR will remain valid for an additional five years from the adoption date. City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 22 A-1 Appendix A. Comments and Responses City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 23 A-2 City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 24 A-3 City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 25 A-4 City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 26 A-5 A Response: Updated CORSIM and SYNCHRO analyses are not available at this time. As development progresses and more detailed traffic analyses may be needed, the City will keep MnDOT engaged in the process. B Response: These edits have been made, although this document still does reflect that a single right-turn lane at Park Place Boulevard/I-394 South Ramp was completed. C Response:Correct; this has been changed to westbound. D Response:Comment noted, thank you. City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 27 A-6 City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 28 A-7 City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 29 A-8 A Response:Updated permit requirements have been incorporated. B Response:The City and the developer have partnered with the watershed district to implement several unique stormwater management practices on the site, and will continue to do so in future phases of development. C Response:These revisions have been incorporated. D Response:Comment noted, thank you. City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 30 A-9 City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 31 A-10 City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 32 A-11 City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 33 A-12 A Response:Comment noted, thank you. B Response:Reference to the Master Water Supply Plan and current permitting processes is included as item 5.2.9. C Response:Comment noted. D Response:As future phases of development occur, Atlas 14 data will be used to ensure that stormwater infrastructure is appropriately sized and implemented. E Response:A mitigation measure has been added as 5.4.5 to address the Drinking Water Supply Management Area and MDH guidance. F Response:Comment noted. City Council Meeting of October 7, 2013 (Item No. 8b) Title: The West End AUAR Update Page 34 Meeting: City Council Meeting Date: October 7, 2013 Action Agenda Item: 8c EXECUTIVE SUMMARY TITLE: Major Amendment to The West End Final PUD for Multiple-Family Residential RECOMMENDED ACTION: Motion to Adopt Resolution Approving a Major Amendment to the Planned Unit Development for the West End allowing a multiple family dwelling at 5245 Wayzata Boulevard and in the Office zoning district, subject to conditions. POLICY CONSIDERATION: Does City Council support the proposed use and PUD modifications? SUMMARY: Millennium at West End LLC purchased the property at 5245 Wayzata Boulevard and proposes to raze the former Chili’s restaurant building and replace it with a multiple-family residential development. The proposed building would be six stories tall consisting of 158 market rate units and two levels of underground structured parking. The unit mix will include 23 studios (15%), 57 1-bedrooms (36%), 16 1 –bedrooms + dens (10%), 56 2-bedrooms (35%), and six 3-bedrooms (4%). The development site is part of The West End and requires a Major Amendment to the Planned Unit Development (PUD) for the change in use from commercial to multiple-family residential. The request includes modifications to the housing density, front and side yards, and floor area ratio. A PUD Major Amendment requires a supermajority (five of the seven members) of the City Council to approve the development. Public Process: The City Council reviewed an earlier concept plan for the development at a study session in July. The applicant made several revisions to the plans to address City comments and submitted a formal zoning application (#13-31-PUD) on August 6, 2013. Some of the improvements include reducing the number of units, adding three-bedroom apartments to the mix, staggering building height in key locations, adding parking spaces, providing two levels of underground parking instead of one, adding apartment units to the first floor (instead of parking), increasing the south setback, and improving the garage entrance onto Wayzata Boulevard. The developer held a neighborhood meeting on Wednesday, August 28, 2013. It was lightly attended, but the plan received positive feedback. The Planning Commission held a public hearing on September 18, 2013, and recommended approval of the development (4-0). The Parks and Recreation Advisory Commission recommended collecting park and trail fees in-lieu of land dedication. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion, City Engineering Memorandum, Resolution, Planning Commission Minutes, Architect Design Package, Architectural and Civil Drawings Prepared by: Sean Walther, Senior Planner Reviewed by: Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of October 7, 2013 (Item No. 8c) Page 2 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential DISCUSSION BACKGROUND The proposed site is part of the West End mixed-use development which includes, two office towers, a shopping center, Chili’s and Olive Garden Restaurants, and 119 residential units at the Flats at West End that was approved by planned unit development (PUD) in 2008 and subsequent amendments. The West End development is located south of Interstate 394, West of State Highway 100, East of Park Place Boulevard and north of Gamble Drive. The proposed redevelopment (outlined in red below) is adjacent to Hilton Homewood Suites, Flats at West End, and Olive Garden restaurant and has direct access onto Wayzata Boulevard. City Council Meeting of October 7, 2013 (Item No. 8c) Page 3 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential The overall West End PUD includes a mix of office, commercial and residential uses. It provides a walkable and desirable urban residential environment. The development includes access to restaurants, entertainment, shopping, plazas, and attractive pedestrian ways. The development is served by Metro Transit bus routes 9, 604, 649. The North Cedar Lake and Luce Line Regional Trails are within biking distance for commuter and recreational purposes. The nearest public parks are ½ mile from the site. Additional green spaces are planned in the Towers at West End office development east of Utica Avenue. Environmental Review An AUAR (Alternative Urban Area-wide Review) was completed in 2007 and has been updated in 2013. The AUAR studied the impacts of various development scenarios on the environment, including (but not limited to) public infrastructure systems for water, sewer, and road systems. The change from restaurant to multiple-family dwelling results in a higher demand than the approved PUD, but the development is still within the thresholds studied in the AUAR. The City will continue to evaluate the capacity of key systems before approval of each phase of The West End development. Redevelopment Agreement The City and Economic Development Authority have an existing agreement for the West End Redevelopment that permits up to 300 units of residential development. Therefore, no revision to the existing redevelopment agreement is needed for this development. ZONING ANALYSIS Use Multiple-family dwellings are allowed by PUD in the Office zoning district. Density The Office zoning district allows the proposed increase in residential density from 50 dwelling units per acre to 99 dwelling units per acre, with a PUD. Parking is provided in an underground structure. The building is located near the street and off- street parking is screened from the public right-of-way. Most of the apartment building ground coverage contains structures six stories in height, except areas where amenity terraces are provided. Based on the above findings, the design meets the conditions in the Office zoning district to allow the proposed density increase. In 2010, the City approved a residential density of 112.6 units per acre for the neighboring Flats at West End development. Architectural Design Standards The building is six stories tall with two levels of underground parking. Walk up residential units, lobby, and amenity spaces are provided on the first level and the building front is oriented to the east. The building height varies in height in key locations where the sixth level steps back to provide amenity terraces, reduce the mass of the building, and provide visual interest. The exterior materials include brick, glass, stone, stucco and prefinished metal panel. The plan meets the requirement for a minimum of 60% class I materials on each building elevation. City Council Meeting of October 7, 2013 (Item No. 8c) Page 4 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential Site Access and Circulation The central organizing feature of the new development will be a private road/driveway that runs north-south between the new development and Olive Garden properties. This private drive also provides access to a service door for the neighboring Flats at West End. This private road/driveway is labeled “New Street” on the attached site plans. New Street has a full access connection to Wayzata Boulevard and right-in/right-out access onto 16th Street. In addition, the plan has a full-access driveway onto Wayzata Boulevard on the west side of the site to access the underground garage for residents. The proposed accesses closely match the existing driveways on Wayzata Boulevard. The garage entrance onto Wayzata Boulevard has been recessed into the building to provide additional space for cars to stack when entering the garage. In addition, the architect has stated the development specifications will call for installation of a high-speed overhead door to reduce the wait time for vehicles entering the garage. This is included as a condition of approval. The plan also provides a “hammerhead” space for the neighboring Flats at West End to maneuver and turn around vehicles near its service door. There is an improved sidewalk proposed along Wayzata Boulevard. The sidewalk extends onto private property. A public sidewalk easement will be required over the proposed sidewalk along Wayzata Boulevard. The applicant has provided copies of existing and proposed ingress/egress agreements for New Street and the “hammerhead” space. City Attorney approval of the form of all required agreements is a condition of approval. Said agreement must be executed and recorded prior to issuance of a building permit. Parking The Zoning Code requires one parking stall for each bedroom in multiple-family dwellings. The building will have 226 bedrooms. The plan provides a total of 238 parking stalls. There will be two levels of underground parking with a total of 224 parking stalls. There will also be 14 parallel parking stalls along the west side of New Street to serve guests and visitors. Designed Outdoor Recreation Area (DORA) The Office zoning district is unique in that it requires development to provide 12% of the gross building area for designed outdoor recreation area (DORA). In most districts, 12% of the land area is required. On this site, 12% of the land area would be 8,364 square feet, and 12% of the gross building area is 20,481 square feet. The plan provides a total of 23,109 square feet of DORA. This is 13.5% of the gross building area and 33.1% of the lot area. DORA features: The plan includes a variety of passive and active recreation areas and features. At ground level, there is a “pocket park” on the south side of the site, with landscaping, sidewalks, seating areas, and dog walk area. There are also eight raised vegetable garden beds on the southwest side of the building. Sidewalks are provided along New Street and Wayzata Boulevard with landscaping and pedestrian scale lighting that provide pedestrian pathways around the site and connections to the businesses and amenities of the West End development. City Council Meeting of October 7, 2013 (Item No. 8c) Page 5 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential There are three amenity terraces. A first floor terrace includes a water feature (pool), trellises, gas grill, fire pit, and seating that is accessible from an indoor amenity space. Another first floor terrace is located off of the lobby and provides seating, a turf activity area, and fire pit. There is also a sixth floor terrace with seating that is also connected to indoor amenity space. Building Setbacks With a PUD, no building setback is required. As defined in the zoning code, the front yard for this property is on the north side adjacent to Wayzata Boulevard. In most of the West End, buildings are built close to the property line (approximately 5 feet). One of the criteria for allowing high density residential dwellings in the Office zoning district is for the building to be close to the street. In this case, the front yard setback is 14.9 feet at the closest point. Without a PUD, the Office district would require a front setback of 67.7 feet. A PUD modification is requested to reduce the front yard setback. The side setbacks typically required in the Office district are 43 feet and 34 feet. The setbacks in the proposed plans are reduced to 29.2 on the east and 11.3 on the west (measured to the decks). PUD modifications are requested for the side yards. The Office district generally requires a rear setback of 34 feet. The proposed rear setback is 37.7 feet, which meets the requirement. Landscaping The landscaping plan is limited due to the building coverage of the site. The landscaping for the overall West End PUD has been approved, and the plantings for this parcel add to the approved counts. Both the subject site and the overall West End PUD rely on the alternative landscaping provisions to satisfy the City Code requirements. Tree Replacement: The proposed plan will require removal of all the existing trees on the site. The tree replacement requirement is 148.8 caliper inches. The plan proposes to plant 124 caliper inches of trees. A tree replacement fee of $2,852 will be due prior to issuance of a building permit, based on the 2013 fee schedule of $115 per caliper inch to account for the 24.8 caliper inch shortage. Counts: City Code requires 158 over-story trees and 1,030 shrubs for this development. The proposed plan provides 34 over-story trees, 26 ornamental trees (which count as ½ an over-story tree). The plan also provides 551 shrubs. Therefore, the plan provides 111 fewer over-story trees and 479 fewer shrubs than required by city code. The shortage of tree and shrub plantings is balanced with the variety of alternative landscaping features provided, including 554 perennial plantings. Alternative Landscaping: A list of alternative landscaping features is detailed under the Designed Outdoor Recreation Area (DORA) section of this report. Of note, this site is part of the overall West End PUD, which provides additional amenities including sidewalks, benches, pedestrian lighting, a fountain, arcade, West End Boulevard convertible plaza, Bee Way artwork and plaza, Aurora Organ artwork, interior atriums in the movie theater and both existing office towers, as well as transit shelters and bus layover for future transit service on 16th Street. Grading, Drainage and Utilities The City Engineering staff reviewed the plans and recommended approval with conditions, which have been incorporated into the resolution. Staff is confident the remaining details can and will be addressed during the permitting process. City Council Meeting of October 7, 2013 (Item No. 8c) Page 6 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential The underground garage and existing soil conditions will require export of soils from the property. The haul route will be limited to collector roads and highways (I-394, TH 100, Wayzata Boulevard and Park Place Boulevard) and will avoid residential streets. Waste Storage The trash will be managed inside the building. Trash containers will be rolled out to New Street for collection. Zoning Compliance Table: The following table lists the standards based on the subject property. The zoning analysis shows the development complies with the Office zoning district standards, with certain modifications as allowed with a Planned Unit Development (PUD). Factor Required/Allowed Proposed Met? Use Multiple-Family Residential (with PUD) Multiple-Family Residential Yes Lot Area 2.0 acres 1.6 acres (35.12 acres overall PUD) Yes Height 240 feet; None with PUD 77 ft. Yes Building Materials Minimum 60% class I 60% class I Yes Floor Area Ratio 1.5; None with PUD 2.45 (Modification requested) Yes Housing Density 50 units per acre; No maximum with PUD 99 units per acre Yes Off-Street Parking 226 spaces 238 spaces Yes Bicycle Parking 182 stalls 190 stalls Yes Designed Outdoor Recreation Area 20,481 sq. ft. 23,109 sq. ft. Yes Tree Replacement 148.8 caliper inches 124 caliper inches; plus tree replacement fee of $2,852 Yes Landscaping 158 trees 47 trees Yes 1,030 shrubs 551 shrubs Alternative landscaping to balance the shortage of tree and shrub plantings Garden beds, outdoor seating, amenity terraces, water feature, turf activity area, fire pits, gas grill, sidewalks, dog walk, 554 perennial plantings Yards None with PUD; Office: Front (north) = 67.7’ Side 1 = 43’ Side 2 = 34’ Rear (south) 34’ Front (north) = 14.9’ Side 1 (east) = 29.2’ Side 2 (west) = 11.3’ Rear (south) = 37.7’ Yes City Council Meeting of October 7, 2013 (Item No. 8c) Page 7 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential PUD MODIFICATIONS: The PUD ordinance allows certain zoning standards to be modified. The overall West End PUD included modifications for yards, parking, and designed outdoor recreation area (DORA). The Flats at West End also received modifications for floor area ratio, density, and yards. The PUD modifications requested for the proposed multiple-family residential development include: Floor Area Ratio The proposed floor area ratio for the West End Apartments is 2.45. The Office zoning district limits the floor area ratio to 1.5, except with a PUD. Housing Density The proposed housing density is 99 units per acre. The Office District limits the density to 50 units per acre, except with a PUD. Yards The front yard is reduced from 67.7 feet to 14.9 feet. The west side yard is reduced from 34.0 feet to 29.2 feet. The east side yard is reduced from 43.0 feet to 11.3 feet. CONCLUSION The Planning Commission and City staff find that the development meets the requirements for a multiple-family dwelling in an Office zoning district with a planned unit development (PUD) and support the requested modifications. City Council Meeting of October 7, 2013 (Item No. 8c) Page 8 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential ENGINEERING REVIEW MEMORANDUM DATE: September 13, 2013 TO: Sean Walther, Senior Planner FROM: Joseph Shamla – Engineering Project Manager RE: DLC Residential Plan Review Comments We have reviewed the plans prepared by MFRA Inc. dated September 12, 2013. Based upon this review I have the following comments and recommendations: 1. Sheet C2.01 - Existing conditions don’t show existing utilities such as sewer and water services to building, watermain to on-site hydrants, etc. They need to show existing utilities and detail which ones are being removed. They also need to show how the utilities will be disconnected at the main. Restoration will be required within City ROW. Match existing road section and curb. Please show on the plan the limits of excavation and how this will be restored. A traffic control plan meeting MUTCD standards and approved by the City will be required for removing and installing the new services to the property. 2. Sheet C3.01 – The entrance to the building is lower than Wayzata Blvd. Additional existing spot elevations should be provided along with proposed spot elevations to ensure drainage from Wayzata Blvd. does not enter the underground parking. Also, provide detail regarding the trench drain. 3. Sheet C3.01 – Provide spot elevations for the sidewalk along Wayzata Blvd. to ensure compliance with ADA standards. Curb ramps must be provided at “New Street” and at the entrance to the underground parking. 4. Sheet C3.01 – An easement will be required for the drive on the property benefiting the Flats at West End. 5. Sheet C3.01 – An easement must be provided for “New Street” on the existing property south of the proposed development. 6. Sheet C3.01 – Remove the generator pad from the drainage and utility easement. 7. Sheet C3.01 – The retaining wall located on the north side of the building must be removed from the drainage and utility easement. Also, the height of this wall should be minimized to ensure proper line of site. 8. Sheet C4.01 – The ground water table should be verified with a soils engineer to verify that the low floor elevation is acceptable for this type of building and so that any issues related to the ground water table can be resolved. Also, will the underground storage system be in the water table? This would eliminate the live storage or infiltration. 9. Sheet C4.01 – Provide spot elevations for ramp entering underground parking. 10. Sheet C6.01 - Check if 8” sewer service is adequate to meet plumbing code. Show manhole at connection to existing sewer. 11. Sheet C6.01 – The storm sewer connecting to Wayzata Blvd. has too tight of an angle and will require a new manhole on Wayzata Blvd. at the connection. 12. Sheet C9.01 – Provide a detail of the valley gutter locate adjacent to “New Street”. City Council Meeting of October 7, 2013 (Item No. 8c) Page 9 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential 13. Sheet 6.01 – Stormwater management plan calculations need to be provided. Provide rational method calculations to show that the storm sewer has been designed for a 10 year event. Provide a copy of the calculations used for the water quality requirement. This must meet NPDES permit requirements as well. Details of the underground infiltration system must be provided in the plans. Provide calculations for roof drain connections. 14. The drainage system provided is a private system and needs to be maintained by the apartment complex. A maintenance agreement is needed for the treatment device. The agreement will be drafted by the City Attorney and recorded against the property. This will ensure that the stormwater treatment device is properly maintained, or that the City can maintain if needed and assess the cost back to the property owner. 15. A stormwater pollution prevention plan is required. Provide plan showing appropriate erosion control devices. An NPDES permit is required. 16. Pedestrian access along all public streets shall be maintained throughout the duration of construction in accordance with ADA requirements. This will include signing, striping, detour signing, and any other measures needed to assure compliance and general public safety. 17. The City of St. Louis Park Utilities Division (952-924-2558) shall be contacted at least 48-hours prior to any water-shut offs, sewer connections, excavations, or any other work related to the City’s utility system. The contractor shall also be responsible for protecting the existing sanitary sewer and storm sewer system during construction, including the cost of removing and cleaning of any debris in the lines both during and after completion of construction. 18. The mechanical room needs to be sized appropriately to compound meter installation (see attached meter installation requirements). In the past this has been an issue. 19. The Owner/Developer shall be responsible for snow maintenance on public sidewalks on Wayzata Blvd. 20. A 5’ sidewalk easement will be required for the sidewalk along Wayzata Blvd. which is not within the property line. 21. Maintain 2 percent minimum slope in green areas. 22. A right of access must be obtained for the work completed on the neighboring property. City Council Meeting of October 7, 2013 (Item No. 8c) Page 10 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential RESOLUTION NO. 13-____ Amends and Restates Resolution Nos. 08-057, 08-128, 09-040, 09-064, 10-093, 11-016, and 13-123 RESOLUTION AMENDING AND RESTATING RESOLUTION NOS. 08-057, 08-128, 09-040, 09-064, 10-093, 11-016 AND 13-123 RELATING TO A FINAL PLANNED UNIT DEVELOPMENT FOR THE WEST END REDEVELOPMENT PROJECT LOCATED AT THE SOUTHWEST QUADRANT OF INTERSTATE 394 AND HIGHWAY 100 The West End Redevelopment Project WHEREAS, the City has received an application for a Major Amendment to a Final Planned Unit Development (Final PUD) for The West End Redevelopment Project located at the southwest quadrant of Interstate 394 and Highway 100 and legally described as THE SHOPS AT WEST END. WHEREAS, the City Council considered the effect of the proposed amendment on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a Final PUD was approved regarding the subject property pursuant to Resolution No. 08-057 of the St. Louis Park City Council dated April 28, 2008 which contained conditions applicable to said property; and WHEREAS, a Minor Amendment to the Final PUD was approved regarding the subject property pursuant to Resolution No. 08-128 of the St. Louis Park City Council dated October 6, 2008 which contained conditions applicable to said property; and WHEREAS, a Minor Amendment to the Final PUD was approved regarding the subject property pursuant to Resolution No. 09-040 of the St. Louis Park City Council dated March 2, 2009 which contained conditions applicable to said property; and WHEREAS, a Minor Amendment to the Final PUD was approved regarding the subject property pursuant to Resolution No. 09-064 of the St. Louis Park City Council dated May 4, 2009 which contained conditions applicable to said property; and WHEREAS, a Major Amendment to the Final PUD was approved regarding the subject property pursuant to Resolution No. 10-093 of the St. Louis Park City Council dated September 7, 2010 which contained conditions applicable to said property; and WHEREAS, a Minor Amendment to the Final PUD was approved regarding the subject property pursuant to Resolution 11-016 of the St. Louis Park City Council dated January 18, 2011 which contained conditions applicable to said property; and City Council Meeting of October 7, 2013 (Item No. 8c) Page 11 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential WHEREAS, a Major Amendment to the Final PUD was approved regarding the subject property pursuant to Resolution 13-123 of the St. Louis Park City Council dated August 19, 2013, which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that Final PUD; and WHEREAS, it is the intent of this resolution to continue and restate the conditions of the Final PUD granted by Resolution Nos. 08-057, 08-128, 09-040, 09-064, 10-093, 11-016, and 13- 123 to add the amendments now required, and to consolidate all conditions applicable to the subject property in this resolution; and WHEREAS, the contents of Planning Case Files 13-31-PUD are hereby entered into and made part of the public hearing and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution Nos. 08-057, 08-128, 09- 040, 09-064, 10-093, 11-016, and 13-123 are hereby restated and amended by this resolution which continues and amends a Final Planned Unit Development to the subject property at the location described above based on the following conditions: 1. The uses on the subject property are limited to retail, service, restaurants, hotel, theater, and office. The following uses are not allowed: in-vehicle sales and service (drive- through); motor fuel stations; motor vehicle sales, service and repair; car washes; currency exchanges; check cashing; pay loan agencies; pawnshops; sexually-oriented businesses, tattoo shops; gun shops (not excluding a sporting goods store that sells, as part of its sporting goods inventory, guns and ammunition). 2. The final site plan and façade design of the large retail building on Lot 4, Block 1, THE SHOPS AT WEST END (proposed grocery store) shall require a PUD Minor Amendment with review by the Planning Commission. 3. The hotel site plans for Lot 3, Block 1, THE SHOPS AT WEST END shall require a PUD Major Amendment if any variances are requested. If the plan does not require a variance, the application may be processed as a PUD Minor Amendment and include review and recommendation of the Planning Commission. 4. The total gross floor area of restaurants shall be limited to 90,820 square feet on the combination of Lot 4, Block 1 and Lot 2, Block 2, THE SHOPS AT WEST END, Hennepin County, Minnesota. 5. The total number of seats in the movie theater shall be limited to 2,700 seats. 6. Tenants in Building 32 shall be limited to Mercantile (Group M) uses as defined in the 2007 Minnesota State Building Code, such as retail or wholesale stores, sales rooms, department stores, drug stores, markets, etc. City Council Meeting of October 7, 2013 (Item No. 8c) Page 12 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential 7. The portion of the five-level retail parking structure (Building 35) that is within 20 feet of the Gamble Drive right-of-way shall have a minimum of 60% Class I exterior materials. The Developer shall amend the Official Exhibits to comply with this requirement. 8. The Community Development Director and Zoning Administrator or their designee(s) may approve individual tenant/building façade designs administratively or refer proposals to the Planning Commission and City Council for consideration, as City staff deems necessary. 9. The sign plan is subject to Community Development Director and Zoning Administrator review and approval. Sign permits are required. 10. Access to the truck courts on the west retail block from Park Place Boulevard shall be limited to between 8 p.m. and 10 a.m. 11. The access will be controlled from Park Place Boulevard to the truck courts on the west retail block using a mechanical bollard system and directional signs in the Park Place Boulevard right-of-way. The Developer shall enter into a Planning Development Contract with the City of St. Louis Park that addresses this private use of public land. 12. The Developer shall maintain horizontal separation from landscaping (i.e. boulevard trees) of at least three feet from shallow underground utilities (i.e. fiber optic cable, private utilities, etc.), and eight feet horizontal separation from deeper underground utilities (i.e. water, sanitary sewer, etc.). 13. Tree plantings and street furnishings shall be located in a manner that maintains at least six feet wide clearance space in all boulevard/sidewalk areas for snow removal. 14. The Developer shall amend the Official Exhibits (The Shops at West End Design Guidelines) to incorporate the following: a. At pedestrian level, facades on Buildings 12, 22, 23, 24, 31, 32 and 33 shall be primarily transparent: 1. At least 60% of facades between 3 feet and 7 feet above the first floor elevation shall consist of pedestrian entrances, display windows or windows affording views into retail, offices, gallery or lobby space. The West End Tenant Design Guidelines shall illustrate the portions of the above referenced buildings subject to this requirement. 2. Visibility into the space shall be maintained for a minimum of three feet, but display of merchandise in this space is allowed. Display windows may be used to meet the transparency requirement. b. At pedestrian level (between 3 feet and 7 feet above the first floor elevation), building facades facing public streets, West End Boulevard, or the pedestrian arcade shall have no more than 10% of the total window area be glass block, mirrored, spandrel, frosted or other opaque glass. c. No more than 10% of the total window area of any building façade shall have signs applied to the inside or outside surface of the window. The remaining 90% City Council Meeting of October 7, 2013 (Item No. 8c) Page 13 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential of window and door area shall be clear or slightly tinted glass that allows views into and out of the building. d. Tenants in Buildings 12, 22, 24, 31, and 33 that are located adjacent to public and/or private street intersections shall locate entrances at or near the adjacent building corner. e. Awnings and canopies shall be made of heavy canvas, fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. Backlit awnings and canopies are prohibited. 15. A business may use the sidewalk within five feet of its building wall for the following purposes, provided the business maintains a clear walkway that is at least eight feet wide along Park Place Boulevard and at least six feet wide along other streets, and provided the uses do not occur in the public right-of-way unless the City approves an encroachment agreement in accordance with the City’s Temporary Private Use of Public Land Policy: a. Display of merchandise, not to exceed 100 square feet per business; b. Benches, planters, ornaments, art; c. Signs permitted in the zoning ordinance; and d. Outdoor dining. Outdoor dining areas may extend farther than five-feet from the building wall, provided tables and chairs or other structures maintain the required horizontal clearance for a walkway between the dining area and other obstructions, such as trees, poles, and curbs. 16. The Developer shall provide easements and $285,000 for public art to help satisfy the alternative landscaping requirements. The City and the Developer will develop a public process to select the artists, artworks and locations. 17. The Developer shall amend Official Exhibits (utility plans) to provide separate domestic and fire water service lines to the buildings. 18. The developer shall work with the Police Department on the design and construction of the police substation area in Building 31. In particular, the plan shall provide windows and doorway on the northeast building elevation along the alley. 19. The developer shall redesign the public restroom entrances in the Building 31 atrium to have open entrances (no exterior doors to the atrium), similar to typical stadium/movie theater restroom entrances, as requested by the Police Department. 20. At City of St. Louis Park’s sole discretion, and upon conferring with the property owner, the property owner shall change the designation of West End Boulevard on-street parking stalls from short-term customer parking to “pick-up/drop-off only” (or similar restriction). 21. The applicant shall be responsible to obtain all permits from the City and other agencies. City Council Meeting of October 7, 2013 (Item No. 8c) Page 14 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential 22. The property owner(s) shall be responsible for obtaining a City license for all parking structures. 23. Tenants shall be responsible for obtaining all City licenses (i.e. grocery store, hotel, etc.). 24. The property owner shall prepare and effectuate traffic management plans that reduce traffic congestion. The property owner submitted a plan for review and approval of the by the St. Louis Park and Golden Valley I-394 Joint Task Force. The property owner shall implement The Traffic Management Plan (TMP) approved by the Travel Demand Management Joint Task Force prior to City issuance of a certificate of occupancy. 25. The City and Developer shall set up a monitoring program to determine actual sanitary sewer flows. Following each phase of the development, sewer flows will be analyzed to determine if sewer flows exceed Metropolitan Council limits described in the Metropolitan Council’s letter to the City of St. Louis Park dated December 14, 2006. If sanitary sewer flows exceed said limits, the Developer shall submit a final design of a privately owned, privately maintained, temporary sanitary sewer peak flow detention facilities for Metropolitan Council Environmental Services (MCES) and City of St. Louis Park approval. The Developer shall construct the said approved system and put it into operation in the timeframe designated by MCES and City of St. Louis Park, and prior to City issuance of building permits for additional phases. 26. The Developer shall abide by the City’s water use restrictions and follow State of Minnesota requirements for low-flow structures. After each phase of the redevelopment, water usage shall be monitored. If monitoring shows use exceeds 90% of peak capacity, the Developer shall cooperate with the City to identify citywide and project-specific measures to increase water treatment capacity and reduce consumption prior to City issuance of building permits. 27. The north office tower and operations center at 1551 Utica Avenue (Lot 1, Block 2, THE SHOPS AT WEST END) shall be developed, used and maintained in accordance with the Official Exhibits from Zoning Application 86-14-SP and 07-61-PUD. If there is any conflict between the Official Exhibits, 07-61-PUD shall supersede. The following 86-14- SP Official Exhibits are incorporated by reference herein: Exhibit A – Site Plan and Lighting Plan; Exhibit B – Grading Plan; Exhibit C – Utilities Plan; Exhibit D – Landscape Plan; Exhibit E – Building Elevations; Exhibit F – Basement Floor Level Plan; Exhibit G – Ground Floor Plan; Exhibit H – Second Floor Plan; and Exhibit I – Typical Floor Plan, as modified by City Development on March 13, 1986. (The floor plans are included to show general use and configurations only.) 28. The following conditions shall apply to the south office tower at 1600 Utica Avenue (Lot 1, Block 2, THE SHOPS AT WEST END): a. The site shall be developed, used and maintained in accordance with the Official Exhibits from Zoning Application 98-42-PUD and 07-61-PUD. If there is any conflict between the Official Exhibits, 07-61-PUD shall supersede. The following 98-42-PUD Official Exhibits are incorporated by reference herein: Exhibit A – Site Plan, Exhibit B – Landscape Plan, Exhibit C – Existing Survey, Exhibit D – Grading, Drainage and Erosion Control Plan, Exhibit E – Utility Plan, Exhibit F – East Elevations, Exhibit G – North City Council Meeting of October 7, 2013 (Item No. 8c) Page 15 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential Elevation, Exhibit H – South Elevation, Exhibit I – West Elevations, Exhibit J – West Elevation - Parking Ramp, and Exhibit K – Parking Ramp elevation (south). b. Parking ramp layouts and site plan shall provide designation of at least 20 bicycle racks and at least 20 carpool spaces in convenient locations. c. A covenant shall be recorded on the property which specifies that a minimum of 4,000 square feet of the atrium shall remain in perpetuity as indoor open space and available for general “public” use. Said interior atrium space shall be designed in an aesthetically pleasing and usable way, with landscaping, benches, and the like. A detailed atrium plan shall be submitted and approved by the Community Development Director and the Zoning Administrator. d. The following modifications to ordinance requirements are re-authorized: 1. The floor area ratio for the PUD can be 1.57. 2. The setbacks on Gamble Drive for the parking ramp can be 17 feet. 3. Reduced office building setback along Gamble Drive of 96 feet. 29. The Chili’s restaurant site at 5245 Wayzata Boulevard (Lot 2, Block 1, THE SHOPS AT WEST END) shall be developed, used and maintained in accordance with the Official Exhibits from Zoning Applications 91-13-SP and 07-61-PUD. If there is any conflict between the Official Exhibits, 07-61-PUD shall supersede. The following 91-13-SP Official Exhibits are incorporated by reference herein: Exhibit A – Overall Site Plan, Exhibit B – Site Plan, Exhibit C – Grading Plan, Exhibit D – Landscape Plan, Exhibit E – Floor Plan, and Exhibit F and F-1 – Elevations. 3029. The Olive Garden restaurant site at 5235 Wayzata Boulevard (Lot 12, Block 1, THE SHOPS AT WEST END) shall be developed, used and maintained in accordance with the Official Exhibits from Zoning Applications 93-9-CUP, 93-34-CUP and 07-61-PUD. If there is any conflict between the Official Exhibits, 07-61-PUD shall supersede. The following 93-9-CUP and 93-34-CUP Official Exhibits are incorporated by reference herein: Exhibit A-1 – Site Plan, Exhibit B – Utility Plan, Exhibit C-1 – Landscape Plan, and Exhibit D – Exterior Elevations. 3130. Prior to issuance of building permits, the following conditions shall be met: a. A Planning Development Contract shall be executed between the Developer and City that addresses, at a minimum: 1. Conditions of PUD approval as applicable or appropriate; 2. Public use of gathering spaces in the development; 3. Private use of public land 4. Maintenance agreement and/or special service district; 5. Surety in the form of an irrevocable letter of credit for Redeveloper Public Improvements and landscaping; and 6. Administrative approval of modifications to the PUD plans. The Mayor and City Manager are authorized to execute said Planning Development Contract. b. The Developer shall provide a surety to the City of St. Louis Park in the form of an irrevocable letter of credit for 1.10 times the estimated Redeveloper City Council Meeting of October 7, 2013 (Item No. 8c) Page 16 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential Public Improvements costs (as defined in the Redevelopment Agreement), and 1.25 times the estimated landscaping costs. c. The property owner shall pay the applicable Traffic Management Administrative Fee. 1. The portion of the shopping center subject to this fee is on Lot 2, Block 2, THE SHOPS AT WEST END. The total fee of $34,633 shall be paid to the City of St. Louis Park prior to City issuance of building permits. 2. Subsequent phases of the PUD (future hotel and office towers) shall pay fifty percent of the fee upon submission of a Final PUD Amendment application, and the remaining fifty percent of the fee upon submission of a building permit application, for each respective development phase. 3231. The Planned Unit Development shall be amended on October 6, 2008 to incorporate all of the preceding conditions and add the following conditions relating to Lot 4, Block 1, THE SHOPS AT WEST END, Hennepin County, Minnesota: a. The site shall be developed, used and maintained in accordance with the Official Exhibits from Zoning Application 08-32-PUD, including Exhibits C4B-Site Layout Plan North, C8A-Utility Plan, C10B-Landscape Street Plan, A11101- Building 11 Overall Plan, A11111-Building 11 Level 1 Area 1, A111112- Building 11 Level 1 Area 2, A11401-Building 11 Exterior Elevations, such documents incorporated by reference herein. b. Overnight cart storage shall be inside the building. c. The Developer shall continue to work with City staff through a public process to select public art and the complete plaza design. d. The Developer shall submit a site plan and programming plan for the plaza area to the City for review and approval by the Zoning Administrator. e. The building proposal includes graphic art panels in order to enhance the appearance of the building and pedestrian environment. The Developer shall submit plans for the graphics on the backlit translucent wall-mounted panels for review and approval by the Zoning Administrator. The panels and/or graphics shall be changed from time to time and at least biennially. The panel may include any mosaic, mural, painting or graphic art or combination thereof which is professionally applied to the panel that does not contain any brand name, product name, letters of the alphabet spelling or abbreviating the name of any product, company, profession or business, or any logo, trademark, trade name, or other commercial message (defined as supergraphics in the City Sign Code and exempt from the Sign Code provisions). The Developer shall allow use of the panels for public art. Proposed public art shall be subject to review and approval by the Developer and building tenant(s). f. Assent Form and Official Exhibits must be signed by the applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. City Council Meeting of October 7, 2013 (Item No. 8c) Page 17 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential g. The sign plan is subject to Community Development Director and Zoning Administrator review and approval. Sign permits are required. h. Approval of Building Permits, which may impose additional requirements. i. A Planning Development Contract between the Developer and City shall be amended to address, at a minimum: 1. Amended conditions of PUD approval as applicable or appropriate; 2. Public use of the plaza gathering space; 3. Temporary uses of the plaza; and 4. Administrative approval of modifications to the PUD plans. 3332. The Planned Unit Development shall be amended on May 4, 2009 to incorporate all of the preceding conditions and add the following conditions relating to Lot 4, Block 1 and Lot 2, Block 2, THE SHOPS AT WEST END, Hennepin County, Minnesota: a. The site shall be developed, used and maintained in accordance with the Official Exhibits from Zoning Application 09-07-VAR and 09-08-PUD relating to the Shops at West End Sign Plan, such documents incorporated by reference herein. 3433. The Planned Unit Development shall be amended on September 7, 2010 to incorporate all of the preceding conditions and add the following conditions relating to Lot 3, Block 1, THE SHOPS AT WEST END, Hennepin County, Minnesota: a. The PUD major amendment is approved for the development of a six-story, 120- unit apartment building with structured parking to be developed at 5310 16th Street W, with five off-site parking stalls and 3,136 square feet of the designed outdoor recreation area provided off-site. b. The following PUD modifications, in addition to modifications previously authorized for the overall Shops at West End PUD: 1. Floor area ratio of 3.24. 2. Housing density of 112.6 units per acre. c. The site shall be developed, used and maintained in accordance with the Official Exhibits from Zoning Applications 10-23-PUD and 10-25-VAR relating to a shadow variance, including Exhibits A100 Site Plan (revised 01/10/2011), AB101 Lower Level Garage Plan (revised 01/10/2011), A101 First Floor Plan (revised 01/10/2011), A102 Second Floor Plan (revised 01/10/2011), A103 Floors 3-6 Typical Floor Plan (revised 01/10/2011), A400 Exterior Elevations (revised 01/10/2011), A401 Exterior Elevations (revised 01/10/2011), L100 Landscape Plan (revised 01/10/2011), such documents incorporated by reference herein. d. The five (5) proposed off-site parking stalls shall be protected by an irrevocable covenant in a form approved by the City Attorney. A certified copy of the recorded document shall be provided to the Zoning Administrator within 60 days after approval. e. Prior to starting any site work, the following conditions shall be met: 1. The owner/applicant shall sign an Assent Form and the Official Exhibits. City Council Meeting of October 7, 2013 (Item No. 8c) Page 18 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential 2. All necessary permits must be obtained. 3. A preconstruction meeting shall be held with the appropriate development, construction and City representatives. f. Prior to the issuance of a building permit, the following conditions shall be met: 1. Plans shall be reviewed by the City Engineer and Zoning Administrator to ensure that all proposed utilities, public access points and construction documents conform to the requirements of the City Code of Ordinances and City policies. 2. The applicant shall pay park dedication and trail dedication fees. 3. To ensure construction of the landscaping and the cleaning of public streets during construction, a financial guarantee shall be provided in the amount of 125% of the cost of the landscaping materials. The performance guarantee shall be in the form of cash escrow or letter of credit. The financial guarantee will be refunded upon project completion, however, a 25% will be retained for one year after installation to ensure the plants have survived the warranty period. 4. The planned installation of any mechanical equipment shall include means to ensure it is fully screened from off-site view. 5. The proposed off-site parking facilities and shared parking facilities shall be protected by an irrevocable covenant in a form approved by the City Attorney. The applicant shall submit a certified copy of the recorded document to the Zoning Administrator. g. The developer shall comply with the following conditions during construction: 1. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. 2. The applicant shall pay park dedication and trail dedication fees. 3. The site shall be kept free of dust and debris that could blow onto neighborhood properties. 4. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 5. The City shall be contacted a minimum of 72 hours prior to any work in a public street. Work in a public street shall take place only upon the determination by the Director of Public Works that appropriate safety measures have been taken to ensure motorist and pedestrian safety. h. Prior to the issuance of any temporary or permanent occupancy permit the following shall be completed: 1. Fire lanes shall be signed and striped in accordance with the signed Official Exhibits. 2. Landscaping and irrigation shall be in accordance with the signed Official Exhibits. 3. Exterior building improvements shall be completed in accordance with the signed Official Exhibits and approved materials and colors. 4. All mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views. To protect the health, safety and welfare of the community, the painting of mechanical equipment shall not be considered screening. City Council Meeting of October 7, 2013 (Item No. 8c) Page 19 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential i. No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. 3534. The Planned Unit Development shall be amended on January 18, 2011 to incorporate all of the preceding conditions with amendments to conditions relating to Lot 3, Block 1, THE SHOPS AT WEST END, Hennepin County, Minnesota. 3635. The Planned Unit Development shall be amended on August 19, 2013, to incorporate all of the preceding conditions with an amendment to condition #4 relating to the total building area of restaurants allowed on the combination of Lot 4, Block 1 and Lot 2, Block 2, THE SHOPS AT WEST END, Hennepin County, Minnesota. a. Prior to issuance of building permits, the applicant and property owner shall sign the Official Exhibits. 36. The Planned Unit Development shall be amended on October 7, 2013, to incorporate all of the preceding conditions and add the following conditions relating Lot 1, Block 1, THE SHOPS AT WEST END, Hennepin County, Minnesota. a. The PUD major amendment is approved for the development of a six-story, 158- unit multiple-family dwelling with structured parking at 5245 Wayzata Boulevard. b. PUD modifications are approved to allow: 1. Floor area ratio of 2.5. 2. Housing density of 99 units per acre. 3. Front (north) yard of 14.9 feet. 4. Side (west) yard of 29.2 feet 5. Side (east) yard of 11.3 feet. c. The site shall be developed, used and maintained in accordance with the Official Exhibits from Zoning Application 13-31-PUD, such documents incorporated by reference herein. d. The developer shall comply with the conditions outlined in the City Engineering memorandum dated September 13, 2013. e. Agreement for public access across “New Street” shall be protected by an irrevocable covenant in a form approved by the City Attorney. f. A public sidewalk easement will be required over the proposed sidewalk along Wayzata Boulevard. g. Ingress/egress agreements across New Street and the “hammerhead” maneuvering space between Lot 1 and Lot 3, Block 1, THE SHOPS AT WEST END, shall be protected by an irrevocable covenant in a form approved by the City Attorney. h. The development specifications shall require installation and maintenance of a high-speed overhead door to reduce the wait time for vehicles entering the garage. City Council Meeting of October 7, 2013 (Item No. 8c) Page 20 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential i. No outside storage is permitted. Incidental outside storage shall be removed within 48 hours. j. Prior to starting any site work, the following conditions shall be met: 1. The owner/applicant shall sign an Assent Form and the Official Exhibits. 2. The agreements required by conditions 36e. and 36g. shall be executed. 3. Developer shall enter into a development agreement with the City that addresses the conditions of approval and performance guarantees for public and exterior site improvements. The Mayor and City Manager are authorized to execute said Planning Development Contract. 4. All necessary permits must be obtained. 5. A preconstruction meeting shall be held with the appropriate development, construction and City representatives. k. Prior to the issuance of a building permit, the following conditions shall be met: 1. Plans shall be reviewed by the City Engineer and Zoning Administrator to ensure that all proposed utilities, public access points and construction documents conform to the requirements of the City Code of Ordinances and City policies. 2. Tree replacement fees shall be paid. 3. Park dedication and trail dedication fees shall be paid. Fees will be based on the fee schedule at the time the building permits are issued and will be pro-rated based on any previous fees paid based on the commercial use of the property. 4. Developer shall enter into a development agreement with the City that addressed the conditions of approval and performance guarantees for public and exterior site improvements. l. The developer shall comply with the following conditions during construction: 1. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 10 p.m. and 7 a.m. weekdays, and 10 p.m. and 9 a.m. on weekends and holidays. 2. The site shall be kept free of dust and debris that could blow onto neighborhood properties. 3. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 4. The City shall be contacted a minimum of 72 hours prior to any work in a public street. Work in a public street shall take place only upon the determination by the Director of Public Works that appropriate safety measures have been taken to ensure motorist and pedestrian safety. 5. Pedestrian access along all public streets shall be maintained throughout the duration of construction in accordance with ADA requirements. This will include signing, striping, detour signing, and any other measures needed to assure compliance and general public safety. m. Prior to the issuance of any permanent occupancy permit the following shall be completed: 1. Fire lanes shall be signed and striped as required by the Fire Marshal. 2. Landscaping and irrigation shall be in accordance with the signed Official Exhibits. City Council Meeting of October 7, 2013 (Item No. 8c) Page 21 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential 3. Exterior building improvements shall be completed in accordance with the signed Official Exhibits and approved materials and colors. 4. All mechanical equipment shall be installed and it shall be demonstrated that all such equipment is fully screened from off-site views. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council October 7, 2013 City Manager Mayor Attest: City Clerk City Council Meeting of October 7, 2013 (Item No. 8c) Page 22 Title: Major Amendment to The West End Final PUD for Multiple-Family Residential EXCERPTS OF UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA September 18, 2013 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Dennis Morris, Richard Person, Carl Robertson MEMBERS ABSENT: Claudia Johnston-Madison, Robert Kramer, Larry Shapiro, Charlie Dixon (youth member) B. Major Amendment to PUD for Multiple-family Residential-The West End Location: 5245 Wayzata Boulevard Applicant: DLC Residential Case No.: 13-13-PUD Meg McMonigal, Planning and Zoning Supervisor, presented the staff report. David Graham, ESG Architects, spoke about design, building materials, the Designed Outdoor Recreation Area (DORA), and project amenities. Commissioner Person commented with this development and West End Flats, there could be a number of children and there is no playground in the DORA and no public parks near the West End. He said this could become an issue in the West End area. Mr. Graham responded that some of those features could be integrated into the pocket park and as part of the second phase a community park could be created at 16th and Utica. Commissioner Morris said the DORA presented is an adult recreational area. A community playground should be part of the area at some point in the future. Commissioner Carper asked if the new street would be private or public. Mr. Graham said it would be a private street with public access. Chair Robertson opened the public hearing. As no one was present wishing to speak he closed the public hearing. Commissioner Morris stated the Fire Dept. will probably require a fire lane on the new street at the second phase of the development. Commissioner Morris made a motion to recommend approval of the Major Amendment to the West End Final PUD to allow multiple-family residential at 5245 Wayzata Boulevard subject to conditions. Commissioner Carper seconded the motion, and the motion passed on a vote of 4-0. WEST END - WAYZATA BLVDDLC RESIDENTIAL 5245 Wayzata Blvd. 1 SITEPLAN September 18, 2013 Existing Homewood SuitesExisting Olive Garden Parking Existing Olive Garden Parking Existing Olive GardenNEW STREETPOCKET PARK RAISED GARDENBEDS Existing Flats at West EndProposed Multi-family158 UnitsSCALE: 1” = 60’ - 0” Design Principles -Extend the Fabric and Vitality of the Shops at West End Mixed Use Neighborhood within a coherent master plan featuring streetscapes, green courtyards and park areas -Siteplan design based on careful building placement and landscape features relative to surrounding adjacent uses including Flats at West End, Homewood Suites and the Olive Garden -Replace current empty Chili’s site with a 158 unit, high quality, residential community featuring full spec- trum of types including 3 bedroom units -Phase 1 on Chili’s site allows new Utica Blvd time to be constructed in the future -Key Site Design Feature- creation of a vibrant street known as “New Street” as an initial and long range fo- cal point for DLC Residential -Transit Oriented design -Bus service: Metrotransit Line 649 is a commuter line with 5 stops each morning and evening with stations just steps from the proposed development. The 604 lo- cal line runs to Excelsior and Grand throughout the day as well as the 9 local line within St. Louis Park and Minneapolis from these same stations. City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family Residential Page 23 WEST END - WAYZATA BLVDDLC RESIDENTIAL 5245 Wayzata Blvd. 2 SCALE: 1” = 60’ - 0”September 18, 2013 Existing Homewood SuitesExisting Olive GardenNEW STREETPOCKET PARK Existing Olive Garden ParkingExisting Flats at West EndProposed Multi-family158 UnitsNew Street Precedent RAISED GARDENBEDS “New Street” -New Street provides: -A connection between Wayzata Blvd and 16th -A pleasant and vibrant pedestrian connection to the Shops at West End -A landscaped, publicly accessible street with curbside parking -A street façade lined with town homes, front porches, main lobby and entrance terrace along the streetscape City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family Residential Page 24 WEST END - WAYZATA BLVDDLC RESIDENTIAL 5245 Wayzata Blvd. 3 SCALE: 1” = 60’ - 0”September 18, 2013 Existing Homewood SuitesExisting Olive GardenNew StreetPOCKET PARK Existing Olive Garden ParkingExisting Flats at West EndProposed Multi-family158 UnitsPocket Park Precedent RAISED GARDENBEDS Pocket Park and Landscape Features -Pocket Park with outdoor seating areas, a dog walk, pedestrian side- walks connecting to surrounding destinations including ample trees and plantings -Amenity terrace including a water feature, seating and lounging areas, outdoor grilling, and firepits -Activity terrace for use by families and residents City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family Residential Page 25 WEST END - WAYZATA BLVDDLC RESIDENTIAL 5245 Wayzata Blvd. 4 September 18, 2013 RAISED GARDENBEDSExisting Homewood SuitesExisting Olive GardenNew StreetExisting Olive Garden ParkingExisting Flats at West EndProposed Multi-family158 UnitsPOCKET PARK Raised Garden Beds Precedent SCALE: 1” = 60’ - 0” Raised Garden Beds -Raised planters for residential community to grow vegetables and flowers in dedicated garden beds City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family Residential Page 26 WEST END - WAYZATA BLVDDLC RESIDENTIAL 5245 Wayzata Blvd. 5 September 18, 2013 MASSING STUDY - PHASE 1 City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family Residential Page 27 WEST END - WAYZATA BLVDDLC RESIDENTIAL 5245 Wayzata Blvd. 6 September 18, 2013 MASSING STUDY - PHASE 1 City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family Residential Page 28 WEST END - WAYZATA BLVDDLC RESIDENTIAL5245 Wayzata Blvd.6August 5, 2013675((76&$3(3+$6(City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family ResidentialPage 29 WEST END - WAYZATA BLVDDLC RESIDENTIAL 5245 Wayzata Blvd. 12 September 6, 2013 Alternative Landscape/Community Gardens/ Pocket Park City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family Residential Page 30 41' - 0"337' - 0"Room Type Legend1 BED1 BED + DEN2 BED3 BEDAMENITYLEASINGLOBBYSTUDIOEXISTINGSERVICE DOOR(WEST END FLATS)55' - 4 15/16"2,643 SFAMENITY895 SFLOBBY686 SFLEASING1,116 SF2 BED1,117 SF2 BED737 SF1 BED1,115 SF2 BED700 SF1 BED735 SF1 BED735 SF1 BED700 SF1 BED1,122 SF2 BED1,089 SF2 BED765 SF1 BED1,144 SF2 BED1,159 SF2 BED1,020 SF1 BED + DEN700 SF1 BED700 SF1 BED1,116 SF2 BED517 SFSTUDIO737 SF1 BED861 SF1 BED1,083 SF2 BED1,365 SF3 BED10' - 0"5' - 0"120' - 0"WATER FEATURERAISEDGARDENBEDSPOCKET PARKAREA WELLGRILLFIREPITUNIT TERRACEUNIT TERRACEUNIT TERRACEDOG WALK(SHARED W/ FLATSFIREPITTURFACTIVITY SPACETUNITTERRACESPLANNORTHScale: 1" = 30'-0"West End - 5245 WAYZATA BLVDLEVEL 1September 18, 20135245 Wayzata BlvdTRUENORTH11City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family ResidentialPage 31 569 SFSTUDIO1,122 SF1 BED + DEN1,116 SF2 BED1,117 SF2 BED737 SF1 BED1,115 SF2 BED700 SF1 BED735 SF1 BED735 SF1 BED700 SF1 BED1,122 SF2 BED1,089 SF2 BED540 SFSTUDIO540 SFSTUDIO770 SF1 BED1,146 SF2 BED1,159 SF2 BED1,020 SF1 BED + DEN700 SF1 BED700 SF1 BED1,116 SF2 BED1,126 SF2 BED573 SFSTUDIO517 SFSTUDIO737 SF1 BED974 SF1 BED + DEN1,083 SF2 BED1,365 SF3 BEDRoom Type Legend1 BED1 BED + DEN2 BED3 BEDSTUDIOPLANNORTHScale: 1" = 30'-0"West End - 5245 WAYZATA BLVDTYPICAL LEVELSeptember 18, 20135245 Wayzata BlvdTRUENORTH12City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family ResidentialPage 32 1,274 SF2 BED1,080 SF2 BED776 SF1 BED573 SFAMENITY869 SF1 BED569 SFSTUDIO1,121 SF1 BED + DEN737 SF1 BED1,114 SF2 BED700 SF1 BED735 SF1 BED735 SF1 BED700 SF1 BED1,122 SF2 BED1,089 SF2 BED770 SF1 BED1,020 SF1 BED + DEN700 SF1 BED700 SF1 BED1,116 SF2 BED517 SFSTUDIO737 SF1 BED974 SF1 BED + DEN1,083 SF2 BED1,365 SF3 BEDPRIVATE TERRACEPRIVATE TERRACEAMENITYTERRACERoom Type Legend1 BED1 BED + DEN2 BED3 BEDAMENITYSTUDIOPLANNORTHScale: 1" = 30'-0"West End - 5245 WAYZATA BLVDLEVEL 6September 18, 20135245 Wayzata BlvdTRUENORTH13City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family ResidentialPage 33 40,440SFPARKINGMAUELECTRASHBIKESTORAGE18' - 0"22' - 0"18' - 0"18' - 0"22' - 0"18' - 0"25' - 0"25' - 0"LOADINGPLANNORTHScale: 1" = 30'-0"West End - 5245 WAYZATA BLVDP1September 18, 20135245 Wayzata BlvdTRUENORTH14City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family ResidentialPage 34 40,440SFPARKING3012298261225' - 6"25' - 0" 22' - 0"36' - 0"22' - 0"25' - 0"PLANNORTHScale: 1" = 30'-0"West End - 5245 WAYZATA BLVDP2September 18, 20135245 Wayzata BlvdTRUENORTH15City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family ResidentialPage 35 AMENITY TERRACE(LEVEL 1)AMENITY TERRACE(LEVEL 1)ROOFTOP DECK(ROOF OF LVL 5)DORA:TOTAL SITE SF: 69707 SF12% DORA REQ'D BY CODE: 69707 SF X .12 = 8364 SFSt. Louis Park Zoning Code; Definitions Section 36-4:Designed Outdoor Recreational Area means designed outdoor spaceintended for passive or active recreation accessible and suited to the needs of residents and/or employees...Amenity Terrace/Pool Deck at Grade: (excluding private walk-out unit terraces)Walk-up Unit Front Yards (excluding private porches)Sidewalks/PathsLandscape around building footprint (excluding drive lanes, loading areas and area wells)GRADE LEVEL DORA: 22359 SF PROVIDED8364 SF DORA REQ'D BY CODERooftop Deck at Level 6: 750 sfGRAND TOTAL DORA: 23109 SF PROVIDED8364 SF DORA REQ'D BY CODEPLANNORTHScale: As indicatedWest End - 5245 WAYZATA BLVDDORA EXHIBITSeptember 18, 20135245 Wayzata BlvdTRUENORTH16City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family ResidentialPage 36 1876.37CP 12880.27CP 215000880.25CP.CHK 215001878.55CP.CHK 31715091880.25CP.CHK 215460880.27CP.CHK 215552880.26CP.CHK 23882.52CP 315553880.28CP.CHK 215776876.42CP.CHK 14880.18CP 413"LOC13"LOC9"MAP13"LOC35'SPR35'SPR30'SPR12"APP10"LOC12"APP8"LOC11"APP9"APP12"LOC8"APP8"APP11"APP7"APP51878.49CP FDCP31710881.96CP MFRA CP1011878.41CP MFRA CP108"APP10"ASH20'SPR12"ASH11"ASH11"ASH30'SPR25'SPR13"ASH11"APP11"APP16TH STREETWAYZATA BLVD. UTICA AVE. SOUTHLOT 1LOT 2B L O C K 1 Sep 12, 2013 - 11:21am - User:234 L:\PROJECTS\DLC19571\dwg\Civil\Preliminary\19571-C2.01-EXST.dwgC2.01EXISTINGCONDITIONSPLANPRELIMINARYSCALE IN FEET030ClientProjectLocationDateSubmittal / RevisionNo.CertificationSheet TitleSummaryRevision HistorySheet No.RevisionProject No.ByDesigned:Drawn:Approved: Book / Page:Phase:Initial Issue:ESGARCHITECTS500 WASHINGTON AVE. S. #1080MINNEAPOLIS, MN 55415DLCRESIDENTIALST. LOUIS PARK5245 WAYZATA BLVDST. LOUIS PARK, MNBCWCKJXX/XXPROJECT PHASE08/05/2013ADLC19571PRELIMINARYA 09/12/13 EPF CITY COMMENTS1. The bearing system is based on the east line of Block 1, THE SHOPS AT WEST END is assumed to bear North 00 degrees 00 minutes 00 seconds East.2. The vertical datum is based on NGVD29.BENCHMARK #1MNDOT 2789AY, located in Golden Valley in railing at southeast corner of Vernon Xenia Bridge No. 27747. Elev.=895.89BENCHMARK #2Top Nut of Hydrant located in the Northwesterly corner of subject property. Elev.=878.593. Subject property's address are 5245 Wayzata Blvd and 5235 Wayzata Blvd, its property identification numbers are 30-029-24-32-0019 and30-029-24-32-0020 respectively.FOUND MONUMENTSET MONUMENTMARKED LS 47481ELECTRIC METERLIGHTSANITARY SEWERSTORM SEWERWATERMAINFLARED END SECTIONELECTRIC TRANSFORMERAIR CONDITIONERGUY ANCHORHANDICAP STALLUTILITY POLEPOSTSIGNTELEPHONE PEDESTALGAS METEREASEMENT LINESETBACK LINERESTRICTED ACCESSBUILDING LINEBUILDING CANOPYCONCRETE CURBBITUMINOUS SURFACECONCRETE SURFACELANDSCAPE SURFACEDECIDUOUS TREECONIFEROUS TREEOVERHEAD WIRECHAIN LINK FENCEIRON FENCEWIRE FENCEWOOD FENCELEGENDSURVEY NOTESDescription from title commitment:Parcel 1Lot 1, Block 1, The Shops At West End, according to the recorded plat thereof, Hennepin County, Minnesota.Torrens PropertyTorrens Certificate No. 1222613Parcel 2Lot 2, Block 1, The Shops At West End, according to the recorded plat thereof, Hennepin County, Minnesota.Torrens PropertyTorrens Certificate No. 1222614Referencing Title Commitment No. NCS-587530-CHI2, dated December 27, 2012, that First American Title Insurance Company has provided us, thefollowing comments on easements etc., that the property is subject to in Schedule B, Section 2 thereof using the same numbering system as in saidSection 2. Exception Items No's. 1-9, 11-24 and 26 are not Survey related items.10. Easements for drainage and utilities purposes as shown on the recorded plat of The Shops At West End, recorded May 29, 2008, as Document No.4500651. (Parcels 1 and 2) Easement is shown on survey.13. Terms, conditions, easements, restrictions, covenants and conditions as contained in the Declaration dated October 18, 2007, recorded October 31,2007, as Document No. 4441082. Easement does not affect subject property.25. Terms and conditions of Cross Easement Agreement , recorded October 3, 1991 as Document No. 2206979. (Parcel 1) Easement is shown on survey.27. Easement for electric transmission and distribution line system purposes together with the right of access and any incidental rights in favor of Northern State Power Company, a Minnesota Corporation, d/b/a Xcel Energy as contained in the Underground Electric Distribution Easement, datedMarch 23, 2010, recorded April 9, 2010, as Document No. 4744400. (Parcel 2) Easement is shown on survey.SUBJECT PROPERTY3. The subject property lies within Flood Plain Zone X, per FEMA, FIRM Map No. 27053C0353E dated 9/2/2004.4. The gross area of the subject property is:Lot 1: 1.600 Acres or 69,716 Square FeetLot 2: 1.946 Acres or 84,781 Square Feet6a. The zoning information has not been provided by the insurer.7a. The buildings and exterior dimensions of the outside wall at ground level are shown on the survey. It may not be the foundation wall.9. The parking areas and striping on the subject property are shown.Parking Stalls Lot 1Lot 2TotalStandard Stalls 115 158 273Handicapped Stalls 3 6 911. Underground utilities are per a combination of the following:a. Observed evidenceThe surveyor makes no guarantees that the underground utilities shown comprise all such utilities in the area, either in service or abandoned. Utilityinformation shown hereon, if any, is a compilation of this map information and those visible utilities that were located during the survey field work.The surveyor further does not warrant that the underground utilities shown hereon, if any, are in the exact location as indicated, although he doescertify that they are located as accurately as possible from information available. The surveyor has not physically located the underground utilities.Pursuant to MS 216.D contact Gopher State One Call at (651-454-0002) prior to any excavation.13. The names of adjoining owners of platted lands are shown on the survey."TABLE A" NOTESCity Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family ResidentialPage 37 ADCBEGH16TH STREETWAYZATA BLVD. UTICA AVE. SOUTH Sep 12, 2013 - 11:21am - User:234 L:\PROJECTS\DLC19571\dwg\Civil\Preliminary\19571-C3.01-SITE.dwgC3.01SITE PLANRegistration No. Date:I hereby certify that this plan, specification orreport was prepared by me or under my directsupervision and that I am a duly licensedprofessional ENGINEER under the laws of the stateof Minnesota.If applicable, contact us for a wet signed copy of thisplan which is available upon request at MFRA, Inc.,Plymouth, MN office.XXXXXBrad C. WilkeningPRELIMINARYA. ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT.B. ALL DIMENSIONS SHOWN ARE TO THE BACK OF CURB TO BACK OF CURB UNLESS OTHERWISENOTED. BACK OF CURB IS SHOWN GRAPHICALLY ONLY.C. ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT.D. ALL PARALLEL PARKING STALLS TO BE 8'-6" IN WIDTH AND 23' IN LENGTH UNLESS OTHERWISEINDICATED.E. CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS ANDDIMENSIONS OF EXIT PORCHES, RAMPS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDINGUTILITY ENTRANCE LOCATIONS.F. SEE ARCHITECTURAL PLANS FOR PYLON SIGN DETAILSG. ALL GRADIENTS ON SIDEWALKS ALONG THE ADA ROUTE SHALL HAVE A MAXIMUMLONGITUDINAL SLOPE OF 5% (1:20), EXCEPT AT CURB RAMPS (1:12), AND A MAXIMUM CROSSSLOPE OF 2.08% (1:48). THE MAXIMUM SLOPE IN ANY DIRECTION ON AN ADA PARKING STALLOR ACCESS ISLE SHALL BE 2.08% (1:48). THE CONTRACTOR SHALL REVIEW AND VERIFY THEGRADIENT IN THE FIELD ALONG THE ADA ROUTES PRIOR TO PLACING CONCRETE ORBITUMINOUS. THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY IF THERE IS ADISCREPANCY BETWEEN THE GRADIENT IN THE FIELD VERSUS THE DESIGN GRADIENT.SCALE IN FEET030LEGENDEASEMENTCURB & GUTTERBUILDINGRETAINING WALLSAWCUT LINENUMBER OF PARKINGSTALLS PER ROWSIGNPIPE BOLLARDSTANDARD DUTYASPHALT PAVINGHEAVY DUTYASPHALT PAVINGCONCRETE PAVINGPROPERTY LIMITEXISTINGPROPOSEDKEY NOTEDEVELOPMENT NOTESKEY NOTESWETLAND LIMITSTREELINEA. BUILDING, STOOPS, STAIRS SEE ARCHITECTURAL PLANS.B. B-612 CONCRETE CURB AND GUTTER.C. B-618 6CONCRETE CURB AND GUTTER.D. CONCRETE APRONE. FLAT CURB SECTION.F. ACCESSIBLE RAMP.G. UNDERGROUND PARKING LIMIT.H. GENERATOR AND ELECTRICAL TRANSFORMER.ClientProjectLocationDateSubmittal / RevisionNo.CertificationSheet TitleSummaryRevision HistorySheet No.RevisionProject No.ByDesigned:Drawn:Approved: Book / Page:Phase:Initial Issue:ESGARCHITECTS500 WASHINGTON AVE. S. #1080MINNEAPOLIS, MN 55415DLCRESIDENTIALST. LOUIS PARK5245 WAYZATA BLVDST. LOUIS PARK, MNBCWCKJAAAXX/XXPROJECT PHASE08/05/2013DLC19571Registration No. Date:I hereby certify that this plan, specification orreport was prepared by me or under my directsupervision and that I am a duly licensedprofessional ENGINEER under the laws of the stateof Minnesota.If applicable, contact us for a wet signed copy of thisplan which is available upon request at MFRA, Inc.,Plymouth, MN office.08/05/2013XXXXXBrad C. WilkeningPRELIMINARYAREAGROSS SITE AREASETBACKS- BUILDINGFRONT YARDREAR YARDSIDE 1SIDE 2SETBACKS-PARKINGFRONT YARDREAR YARDSIDE YARDPARKING SUMMARY PARKING SPACES REQUIRED:PARKING SPACES PROVIDED:BIKE PARKING REQUIRED:BIKE PARKING PROVIDED:PARKING SPACE SIZE REQUIREMENT:PARALLEL PARKING SPACE REQUIREMENT:PARKING DRIVE AISLE REQUIREMENT:DELIVERY ACCESS DRIVE ISLE:PARKING SPACE SIZE PROVIDED:PARALLEL PARKING SPACE SIZE PROVIDED:MINIMUM LOT SIZEZONINGEXISTING ZONINGPROPOSED ZONINGBUILDING REQUIREMENTSMAXIMUM FLOOR AREA RATIOMAXIMUM FLOOR AREAMAXIMUM BUILDING HEIGHTDORAREQUIRED: (0.12 TIMES THE GFA)PROVIDED:DEVELOPMENT SUMMARY1.60 AC +/- 67'8" , MIN34 FEET, MIN 43 FEET, MIN34 FEET, MIN 5 FEET, MIN5 FEET, MIN 5 FEET, MIN221 STALLS 238 STALLS182 SPACES190 SPACES8.5' X 18'8.5'X23'25' TWO WAY15' ONE WAY8.5' X 18'8.5 X 23'NONE O- OFFICE O- OFFICE 1.5 20 STORIES OR 240 FEET(170,673 GFA)x(0.12)=20,481 sf23,109 sf (0.53 ac.)POCKET PARK & STREETSCAPE INCLUDEDPATIO AMENITY AREA NOT INCLUDEDCity Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family ResidentialPage 38 16TH STREETWAYZATA BLVD. UTICA AVE. SOUTHFF=885.0881.5882.0883.0881.6880.5876.1876.6876.6881.1881.7882.1882.4883.1884.8881.5881.5881.4882.5 Sep 12, 2013 - 11:21am - User:234 L:\PROJECTS\DLC19571\dwg\Civil\Preliminary\19571-C4.01-GRDE.dwgC4.01GRADING PLANRegistration No. Date:I hereby certify that this plan, specification orreport was prepared by me or under my directsupervision and that I am a duly licensedprofessional ENGINEER under the laws of the stateof Minnesota.If applicable, contact us for a wet signed copy of thisplan which is available upon request at MFRA, Inc.,Plymouth, MN office.XXXXXBrad C. WilkeningPRELIMINARYClientProjectLocationDateSubmittal / RevisionNo.CertificationSheet TitleSummaryRevision HistorySheet No.RevisionProject No.ByDesigned:Drawn:Approved: Book / Page:Phase:Initial Issue:ESGARCHITECTS500 WASHINGTON AVE. S. #1080MINNEAPOLIS, MN 55415DLCRESIDENTIALST. LOUIS PARK5245 WAYZATA BLVDST. LOUIS PARK, MNBCWCKJXX/XXPROJECT PHASE08/05/2013ADLC19571Registration No. Date:I hereby certify that this plan, specification orreport was prepared by me or under my directsupervision and that I am a duly licensedprofessional ENGINEER under the laws of the stateof Minnesota.If applicable, contact us for a wet signed copy of thisplan which is available upon request at MFRA, Inc.,Plymouth, MN office.08/05/2013XXXXXBrad C. WilkeningPRELIMINARYA 09/12/13 EPF CITY COMMENTSA. PROPOSED CONTOURS ARE TO FINISHED SURFACE ELEVATION. SPOT ELEVATIONS ALONG PROPOSED CURB DENOTEGUTTER GRADE.B. CONTRACTOR SHALL REVIEW PAVEMENT GRADIENT AND CONSTRUCT “GUTTER OUT” WHERE WATER DRAINS AWAY FROMCURB. ALL OTHER AREAS SHALL BE CONSTRUCTED AS “GUTTER IN” CURB.C. ALL GRADIENT ON SIDEWALKS ALONG THE ADA ROUTE SHALL HAVE A MAXIMUM LONGITUDINAL SLOPE OF 5% (1:20),EXCEPT AT CURB RAMPS (1:12), AND A MAXIMUM CROSS SLOPE OF 2.08% (1:48). THE MAXIMUM SLOPE IN ANYDIRECTION ON AN ADA PARKING STALL OR ACCESS AISLE SHALL BE IN 2.08% (1:48). THE CONTRACTOR SHALL REVIEW ANDVERIFY THE GRADIENT IN THE FIELD ALONG THE ADA ROUTES PRIOR TO PLACING CONCRETE OR BITUMINOUS. THECONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY IF THERE IS A DISCREPANCY BETWEEN THE GRADIENT IN THEFIELD VERSUS THE DESIGN GRADIENT.D. THE CONTRACTOR IS CAUTIONED THAT “THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITYQUALITY LEVEL ____________. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF CI/ASCE 38-02TITLED “STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA”. THECONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORECOMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA AT1-800-252-1166). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALLDAMAGES WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALLUTILITIES (UNDERGROUND AND OVERHEAD).IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THEPROPOSED IMPROVEMENTS SHOWN ON THE PLANS.E. THE CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIESDURING THE CONSTRUCTION PHASES OF THIS PROJECT. THE CONTRACTOR WILL BE HELD SOLELY RESPONSIBLE FOR ANYDAMAGES TO THE ADJACENT PROPERTIES OCCURRING DURING THE CONSTRUCTION PHASES OF THIS PROJECT.F. SAFETY NOTICE TO CONTRACTORS: IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THECONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE JOB SITE, INCLUDING SAFETY OFALL PERSONS AND PROPERTY DURING PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLYAND NOT BE LIMITED TO NORMAL WORKING HOURS. THE DUTY OF THE ENGINEER OR THE DEVELOPER TO CONDUCTCONSTRUCTION REVIEW OF THE CONTRACTOR'S PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF THEADEQUACY OF THE CONTRACTOR'S SAFETY MEASURES IN, ON OR NEAR THE CONSTRUCTION SITE.G. THE CONTRACTOR SHALL COMPLETE THE SITE GRADING CONSTRUCTION IN ACCORDANCE WITH THE REQUIREMENTS OFTHE OWNER'S SOILS ENGINEER. ALL SOIL TESTING SHALL BE COMPLETED BY THE OWNER'S SOILS ENGINEER. THECONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL REQUIRED SOIL TESTS AND INSPECTIONS WITH THE SOILSENGINEER.A GEOTECHNICAL ENGINEERING SOILS REPORT HAS BEEN COMPLETED BY:COMPANY: ADDRESS: PHONE: DATED: THE CONTRACTOR SHALL OBTAIN A COPY OF THE SOILS REPORT.H. THE CONTRACTOR SHALL COMPLETE DEWATERING AS REQUIRED TO COMPLETE THE SITE GRADING CONSTRUCTION.I. PRIOR TO PLACEMENT OF THE AGGREGATE BASE, A TEST ROLL WILL BE REQUIRED ON THE STREET AND PARKING AREASUBGRADE. THE CONTRACTOR SHALL PROVIDE A LOADED TANDEM AXLE TRUCK WITH A GROSS WEIGHT OF 25 TONS. THETEST ROLLING SHALL BE AT THE DIRECTION OF THE SOILS ENGINEER AND SHALL BE COMPLETED IN AREAS AS DIRECTED BYTHE SOILS ENGINEER. THE SOILS ENGINEER SHALL DETERMINE WHICH SECTIONS OF THE STREET OR PARKING AREA AREUNSTABLE. CORRECTION OF THE SUBGRADE SOILS SHALL BE COMPLETED IN ACCORDANCE WITH THE REQUIREMENTS OFTHE SOILS ENGINEER.J. REPLACE ALL SUBGRADE SOIL DISTURBED DURING THE CONSTRUCTION THAT HAVE BECOME UNSUITABLE AND WILL NOTPASS A TEST ROLL. REMOVE UNSUITABLE SOIL FROM THE SITE AND IMPORT SUITABLE SOIL AT NO ADDITIONAL COST TOTHE OWNER.K. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING VEHICULAR AND PEDESTRIAN TRAFFICCONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TO CONTROL THEMOVEMENT OF TRAFFIC WHERE NECESSARY. TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MINNESOTADEPARTMENT OF TRANSPORTATION STANDARDS.N. EXCAVATE TOPSOIL FROM AREAS TO BE FURTHER EXCAVATED OR REGRADED AND STOCKPILE IN AREAS DESIGNATED ONTHE SITE. THE CONTRACTOR SHALL SALVAGE ENOUGH TOPSOIL FOR RESPREADING ON THE SITE AS SPECIFIED. EXCESSTOPSOIL SHALL BE PLACED IN EMBANKMENT AREAS, OUTSIDE OF BUILDING PADS, ROADWAYS AND PARKING AREAS. THECONTRACTOR SHALL SUBCUT CUT AREAS, WHERE TURF IS TO BE ESTABLISHED, TO A DEPTH OF 4 INCHES. RESPREADTOPSOIL IN AREAS WHERE TURF IS TO BE ESTABLISHED TO A MINIMUM DEPTH OF 4 INCHES.O. FINISHED GRADING SHALL BE COMPLETED, THE CONTRACTOR SHALL UNIFORMLY GRADE AREAS WITHIN LIMITS OFGRADING, INCLUDING ADJACENT TRANSITION AREAS. PROVIDE A SMOOTH FINISHED SURFACE WITHIN SPECIFIEDTOLERANCES, WITH UNIFORM LEVELS OR SLOPES BETWEEN POINTS WHERE ELEVATIONS ARE SHOWN, OR BETWEEN SUCHPOINTS AND EXISTING GRADES. AREAS THAT HAVE BEEN FINISHED GRADED SHALL BE PROTECTED FROM SUBSEQUENTCONSTRUCTION OPERATIONS, TRAFFIC AND EROSION. REPAIR ALL AREAS THAT HAVE BECOME RUTTED BY TRAFFIC ORERODED BY WATER OR HAS SETTLED BELOW THE CORRECT GRADE. ALL AREAS DISTURBED BY THE CONTRACTOR'SOPERATIONS SHALL BE RESTORED TO EQUAL OR BETTER THAN ORIGINAL CONDITION OR TO THE REQUIREMENTS OF THENEW WORK.P. TOLERANCES1. THE RESIDENTIAL BUILDING SUBGRADE FINISHED SURFACE ELEVATION SHALL NOT VARY BY MORE THAN 0.30 FOOTABOVE, OR 0.30 FOOT BELOW, THE PRESCRIBED ELEVATION AT ANY POINT WHERE MEASUREMENT IS MADE.2. THE COMMERCIAL BUILDING SUBGRADE FINISHED SURFACE ELEVATION SHALL NOT VARY BY MORE THAN 0.10 FOOTABOVE, OR 0.10 FOOT BELOW, THE PRESCRIBED ELEVATION AT ANY POINT WHERE MEASUREMENT IS MADE.3. THE STREET OR PARKING AREA SUBGRADE FINISHED SURFACE ELEVATION SHALL NOT VARY BY MORE THAN 0.05FOOT ABOVE, OR 0.10 FOOT BELOW, THE PRESCRIBED ELEVATION OF ANY POINT WHERE MEASUREMENT IS MADE.4. AREAS WHICH ARE TO RECEIVE TOPSOIL SHALL BE GRADED TO WITHIN 0.30 FOOT ABOVE OR BELOW THE REQUIREDELEVATION, UNLESS DIRECTED OTHERWISE BY THE ENGINEER.5. TOPSOIL SHALL BE GRADED TO PLUS OR MINUS 1/2 INCH OF THE SPECIFIED THICKNESS.R. AFTER THE SITE GRADING IS COMPLETED, IF EXCESS OR SHORTAGE OF SOIL MATERIAL EXISTS, THE CONTRACTOR SHALLTRANSPORT ALL EXCESS SOIL MATERIAL OFF THE SITE TO AN AREA SELECTED BY THE CONTRACTOR, OR IMPORT SUITABLEMATERIAL TO THE SITE.962.5X962.5X902SPOT ELEVATIONCONTOURRIP RAPOVERFLOW ELEV.SCALE IN FEET030CURB & GUTTERBUILDINGRETAINING WALLPROPERTY LIMITEXISTINGPROPOSEDLEGENDWETLAND LIMITSTREELINESTORM SEWER902SOIL BORINGS1042.56ST 5GRADING NOTESDRAINTILECity Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family ResidentialPage 39 16TH STREETWAYZATA BLVD. UTICA AVE. SOUTHSTORMTECH SC-740 - 1371 CF STORAGESTORMTECH SC-740 - 3168 CF STORAGECB-101 RE=881.50 IE=875.74CBMH-102 RE=883.10 IE=875.50 W IE=875.50 NW IE=878.00 NSTMH-107 RE=877.60 IE=871.50 NWIE=871.50 SIE=874.00 NECBMH-202 RE=879.20 IE=873.47 NYOPLASTAREADRAIN(TYP)26 LF - 12"RCP @ 1.00%ROOF DRAINCONNECTION - SEEMECHANICAL120 LF - 12"RCP @ 0.54%80 LF - 12"RCP @ 0.54%80 LF - 12"RCP @ 1.19%80 LF - 15"RCP @ 1.19%ROOF DRAINCONNECTION - SEEMECHANICAL29 LF - 18"RCP @ 0.54%CBMH-103 RE=880.79 IE=874.85CBMH-104 RE=879.63 IE=874.42CBMH-105 RE=878.30 IE=873.99CBMH-106RE=876.90IE=873.56CONNECT TO EXISTINGCBMH-201 RE=878.90 IE=875.60109 LF - 12"RCP @ 1.0%105 LF - 12"RCP @ 2.03%92 LF - 12"RCP @ 2.03%RE=876.50IE=871.60REMOVE EXISTING CBSTRUCTURES ANDREPLACE WITH 48"MANHOLE8" FIRE SERVICE6" DOMESTIC SERVICE33 LF - 8" PVCSDR 26 @ 3.00%IE=861.87CONNECT TOEXISTING SEWER MAINCONNECT TO EXISTING IE=873.63REPLACE EXISTING MANHOLEW/ 48" STRUCTURE RE=878.4 IE=874.88 LF - 12"RCP @ 1.95% NYOPLASTAREADRAIN(TYP)TRENCH DRAIN - 01RE=874.90IE=873.9027 LF - 8"RCP @ 1.00%REMOVE EXISTINGMANHOLE Sep 12, 2013 - 11:22am - User:234 L:\PROJECTS\DLC19571\dwg\Civil\Preliminary\19571-C6.01-UTIL.dwgC6.01UTILITY PLANRegistration No. Date:I hereby certify that this plan, specification orreport was prepared by me or under my directsupervision and that I am a duly licensedprofessional ENGINEER under the laws of the stateof Minnesota.If applicable, contact us for a wet signed copy of thisplan which is available upon request at MFRA, Inc.,Plymouth, MN office.XXXXXBrad C. WilkeningPRELIMINARYClientProjectLocationDateSubmittal / RevisionNo.CertificationSheet TitleSummaryRevision HistorySheet No.RevisionProject No.ByDesigned:Drawn:Approved: Book / Page:Phase:Initial Issue:ESGARCHITECTS500 WASHINGTON AVE. S. #1080MINNEAPOLIS, MN 55415DLCRESIDENTIALST. LOUIS PARK5245 WAYZATA BLVDST. LOUIS PARK, MNBCWCKJXX/XXPROJECT PHASE08/05/2013ADLC19571Registration No. Date:I hereby certify that this plan, specification orreport was prepared by me or under my directsupervision and that I am a duly licensedprofessional ENGINEER under the laws of the stateof Minnesota.If applicable, contact us for a wet signed copy of thisplan which is available upon request at MFRA, Inc.,Plymouth, MN office.08/05/2013XXXXXBrad C. WilkeningPRELIMINARYA 09/12/13 EPF CITY COMMENTSA. THE UTILITY IMPROVEMENTS FOR THIS PROJECT SHALL BE CONSTRUCTED IN ACCORDANCE WITHTHE "STANDARD UTILITIES SPECIFICATIONS" AS PUBLISHED BY THE CITY ENGINEERSASSOCIATION OF MINNESOTA (CEAM), EXCEPT AS MODIFIED HEREIN. CONTRACTOR SHALLOBTAIN A COPY OF THESE SPECIFICATIONS.1. ALL UTILITIES SHALL BE CONSTRUCTED IN ACCORDANCE TO CITY REQUIREMENTS.2. CONTRACTOR SHALL NOT OPEN, TURN OFF, INTERFERE WITH, OR ATTACH ANY PIPE ORHOSE TO OR TAP WATERMAIN BELONGING TO THE CITY UNLESS DULY AUTHORIZED TODO SO BY THE CITY. ANY ADVERSE CONSEQUENCES OF ANY SCHEDULED ORUNSCHEDULED DISRUPTIONS OF SERVICE TO THE PUBLIC ARE THE LIABILITY OF THECONTRACTOR3. A MINIMUM VERTICAL SEPARATION OF 18 INCHES IS REQUIRED AT ALL WATERMAINAND SEWER MAIN (BUILDING, STORM AND SANITARY) CROSSINGS.B. ALL MATERIALS SHALL BE AS SPECIFIED IN CEAM SPECIFICATIONS EXCEPT AS MODIFIED HEREIN.1. ALL MATERIALS SHALL COMPLY WITH THE REQUIREMENTS OF THE CITY.2. ALL SANITARY SEWER TO BE PVC SDR-35, UNLESS NOTED OTHERWISE.3. ALL WATERMAIN TO BE DUCTILE IRON - CLASS 52, WITH 7.5 FEET MINIMUM COVER.4. ALL STORM SEWER PIPE TO BE REINFORCED CONCRETE PIPE WITH R-4 JOINTS, ANDRUBBER GASKETS.C. CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS ANDDIMENSIONS OF VESTIBULE, EXIT PORCHES, RAMPS, TRUCK DOCKS, PRECISE BUILDINGDIMENSIONS AND EXACT BUILDING UTILITY ENTRANCE LOCATIONS.D. THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OFEXISTING UTILITIES AS SHOWN ON THESE PLANS IS BASED ON RECORDS OF THE VARIOUS UTILITYCOMPANIES AND, WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATIONIS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THEAPPROPRIATE UTILITY COMPANY AT LEAST 48 HOURS BEFORE ANY EXCAVATION TO REQUESTEXACT FIELD LOCATION OF UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TORELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTSSHOWN ON THE PLANS. THE LOCATIONS OF SMALL UTILITIES SHALL BE OBTAINED BY THECONTRACTOR, BY CALLING GOPHER STATE ONE CALL AT 454-0002.E. THE CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TOADJACENT PROPERTIES DURING THE CONSTRUCTION PHASES OF THIS PROJECT. THECONTRACTOR WILL BE HELD SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE ADJACENTPROPERTIES OCCURRING DURING THE CONSTRUCTION PHASES OF THIS PROJECT.F. SAFETY NOTICE TO CONTRACTORS: IN ACCORDANCE WITH GENERALLY ACCEPTEDCONSTRUCTION PRACTICES, THE CONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLEFOR CONDITIONS ON THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURINGPERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BELIMITED TO NORMAL WORKING HOURS. THE DUTY OF THE ENGINEER OR THE DEVELOPER TOCONDUCT CONSTRUCTION REVIEW OF THE CONTRACTOR'S PERFORMANCE IS NOT INTENDEDTO INCLUDE REVIEW OF THE ADEQUACY OF THE CONTRACTOR'S SAFETY MEASURES IN, ON ORNEAR THE CONSTRUCTION SITE.G. ALL AREAS OUTSIDE THE PROPERTY BOUNDARIES THAT ARE DISTURBED BY UTILITYCONSTRUCTION SHALL BE RESTORED IN KIND. SODDED AREAS SHALL BE RESTORED WITH 6INCHES OF TOPSOIL PLACED BENEATH THE SOD.H. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFICCONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN ANDLIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. TRAFFIC CONTROLDEVICES SHALL CONFORM TO APPROPRIATE MINNESOTA DEPARTMENT OF TRANSPORTATIONSTANDARDS.I. ALL SOILS TESTING SHALL BE COMPLETED BY AN INDEPENDENT SOILS ENGINEER. EXCAVATIONFOR THE PURPOSE OF REMOVING UNSTABLE OR UNSUITABLE SOILS SHALL BE COMPLETED ASREQUIRED BY THE SOILS ENGINEER. THE UTILITY BACKFILL CONSTRUCTION SHALL COMPLY WITHTHE REQUIREMENTS OF THE SOILS ENGINEER. THE CONTRACTOR SHALL BE RESPONSIBLE FORCOORDINATING ALL REQUIRED SOILS TESTS AND SOIL INSPECTIONS WITH THE SOILS ENGINEER.A GEOTECHNICAL ENGINEERING REPORT HAS BEEN COMPLETED BY:COMPANY: ___________________________________________ADDRESS: ____________________________________________PHONE: _______________________________________________DATED: _______________________________________________THE CONTRACTOR SHALL OBTAIN A COPY OF THIS SOILS REPORT.J. PRIOR TO PLACEMENT OF AGGREGATE BASE, A TEST ROLL WILL BE REQUIRED ON THE STREETAND PARKING AREA SUBGRADE. THE CONTRACTOR SHALL PROVIDE A LOADED TANDEM AXLETRUCK WITH A GROSS WEIGHT OF 25 TONS. THE TEST ROLLING SHALL BE AT THE DIRECTION OFTHE SOILS ENGINEER AND SHALL BE COMPLETED IN AREAS AS DIRECTED BY THE SOILSENGINEER. THE SOILS ENGINEER SHALL DETERMINE WHICH SECTIONS OF THE STREET ORPARKING AREA ARE UNSTABLE. CORRECTION OF THE SUBGRADE SOILS SHALL BE COMPLETED INACCORDANCE WITH THE REQUIREMENTS OF THE SOILS ENGINEER.K. THE CONTRACTOR SHALL SUBMIT 2 COPIES OF SHOP DRAWINGS FOR MANHOLE AND CATCHBASIN STRUCTURES TO ______________. CONTRACTOR SHALL ALLOW 5 WORKING DAYS FORSHOP DRAWING REVIEW.L. THE CONTRACTOR AND THEIR SUPPLIER SHALL DETERMINE THE MINIMUM DIAMETER REQUIREDFOR EACH STORM SEWER STRUCTURE.TELEPHONEELECTRICGAS LINEFORCEMAIN (SAN.)EASEMENTWATERMAINSANITARY SEWEREXISTINGPROPOSEDSTORM SEWERCURB & GUTTERDRAINTILESCALE IN FEET030LEGENDUTILITY CONSTRUCTION NOTESCity Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family ResidentialPage 40 LOT 1 Sep 12, 2013 - 11:23am - User:234 L:\PROJECTS\DLC19571\dwg\Civil\Preliminary\19571-L1.01 LAND.dwgL1.01SITELANDSCAPEPLANPRELIMINARYSCALE IN FEET030ClientProjectLocationDateSubmittal / RevisionNo.CertificationSheet TitleSummaryRevision HistorySheet No.RevisionProject No.ByDesigned:Drawn:Approved: Book / Page:Phase:Initial Issue:ESGARCHITECTS500 WASHINGTON AVE. S. #1080MINNEAPOLIS, MN 55415DLCRESIDENTIALST. LOUIS PARK5245 WAYZATA BLVDST. LOUIS PARK, MNBCWCKJXX/XXPROJECT PHASE08/05/2013ADLC19571PRELIMINARYRegistration No.Date:I hereby certify that this survey, plan or report wasprepared by me or under my direct supervisionand that I am a duly Licensed LANDSCAPEARCHITECT under the laws of the State ofMinnesota.This certification is not valid unless wet signed in blueink. If applicable, contact us for a wet signed copy ofthis survey which is available upon request at MFRA,Inc., Plymouth, MN office.08/05/1345071James A. KalkesA 09/12/13 EPF CITY COMMENTSCITY LANDSCAPE CODEx158 UNIT COMPLEXxLOT PERIMITER1,145LFxBUILDING LIVABLE AREA 170,673SFxBUILDING PARKING AREA 83,880SFTOTAL 251,553SFxx1 CANOPY TREE PER UNIT158 TREESxx6 SHRUBS PER 1,000SF (6*(170,673 BLDG SF/1000)) 1,026 SHRUBS OR/ GREATER OF THE TWOxx6 SHRUBS PER 50 LF(6*(1145LF/50)) 138 SHRUBSxTREE REMOVALxxTOTAL TREES REMOVED IN CA180.5xxTOTAL SIGNIFICANT TREES ON SITE IN CA 180.5xx((180.5/180.5)-0.20)X 1.5 X 180.5 = 216.6 DBHREPLACEMENT(72 - 3" TREES)TREES / SHRUBS PROVIDEDxOVERSTORY TREES44xUNDERSTORY TREES22xSHRUBS 200BOTANICAL NAMEDECIDUOUS TREESKEYCOMMON NAME2.5" BB 16SIZEROOTQTY.2.5" BB4Gleditsia triacanthos SHADEMASTER HONEYLOCUST2.5" BB 11Celtis occidentalisHACKBERRYvar. inermis 'Shademaster'HLBLHBTilia americana 'Boulevard' BOULEVARD LINDENSTRAIT LEADER NO "V" CROTCH2.5" BB 3Acer saccharumSUGAR MAPLESMORNAMENTAL TREESAUTUMN BRILLIANCE SERVICEBERRY 1.5" BB 11Amelanchier x grandiflora'Autumn Brilliance'SBSTRAIT LEADERNO "V" CROTCHSPRING SNOW CRABAPPLE1.5" BB 15Malus x 'Spring Snow'SSQUANTITIES SHOWN IN THE PLANTING SCHEDULE ARE FOR THE CONTRACTOR'S CONVENIENCE.CONTRACTOR TO VERIFY QUANTITIESSHOWN ON THE PLAN.LANDSCAPE LEGEND15'50'INSTALLHEIGHTMATUREHEIGHT15'50'15' 60'14' 55'8' 20-25'8' 25-30'NORTH COURTYARD2L1.01SCALE 1" = 10'SOUTH COURTYARD3L1.01SCALE 1" = 10'LANDSCAPE PLAN1L1.01City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family ResidentialPage 41 Sep 12, 2013 - 11:24am - User:234 L:\PROJECTS\DLC19571\dwg\Civil\Preliminary\19571-L1.01 LAND.dwgL1.02SITELANDSCAPEDETAILSPRELIMINARYClientProjectLocationDateSubmittal / RevisionNo.CertificationSheet TitleSummaryRevision HistorySheet No.RevisionProject No.ByDesigned:Drawn:Approved: Book / Page:Phase:Initial Issue:ESGARCHITECTS500 WASHINGTON AVE. S. #1080MINNEAPOLIS, MN 55415DLCRESIDENTIALST. LOUIS PARK5245 WAYZATA BLVDST. LOUIS PARK, MNBCWCKJXX/XXPROJECT PHASE08/05/2013ADLC19571PRELIMINARYRegistration No.Date:I hereby certify that this survey, plan or report wasprepared by me or under my direct supervisionand that I am a duly Licensed LANDSCAPEARCHITECT under the laws of the State ofMinnesota.This certification is not valid unless wet signed in blueink. If applicable, contact us for a wet signed copy ofthis survey which is available upon request at MFRA,Inc., Plymouth, MN office.08/05/1345071James A. KalkesA 09/12/13 EPF CITY COMMENTSForsythia 'Sunrise'SUNRISE FORSYTHIA#5CONT.TEC3PLANT 18" O.C.Hemerocallis 'Stella d'Oro' STELLA D'ORO DAYLILY#1CONT.SDD72Euonymus alatus 'Compactus' DWARF BURNING BUSH#5CONT.DBB88SHRUBSBOTANICAL NAMEKEYCOMMON NAMESIZEROOTQTY.REMARKSPERENNIALSNepeta x faasenii 'Walker's Low' WALKER'S LOW CATMINT#1CONT.WLC68 PLANT 2' O.C.Rhus aromatica 'Gro-Low'GRO-LOW FRAGRANT SUMAC #5CONT.GLS64#5CONT.SVJ96#5CONT.SMS24Hemerocallis 'Baja' BAJA DAYLILY #1CONT.BDL93PLANT 18" O.C.Hemerocallis 'Pardon Me' PARDON ME DAYLILY#1CONT.PMD30PLANT 18" O.C.#5CONT.67Spiraea x bumalda 'Anthony Waterer'ANTHONY WATERER SPIREA#5CONT.66AWS#5CONT.4DBWJuniperious Horizoantalis 'Savin' SAVIN JUNIPERSalix purpurea 'Nana' DWARF BLUE ARCTIC WILLOWSpiraea nipponica 'Snowmound' SNOWMOUND SPIREACalamagrostis acutiflora 'Karl Foerster'KARL FOERSTER FEATHER REED GRASS#1CONT.KFG198 PLANT 2' O.C.QUANTITIES SHOWN IN THE PLANTING SCHEDULE ARE FOR THE CONTRACTOR'S CONVENIENCE.CONTRACTOR TO VERIFY QUANTITIES SHOWN ON THE PLAN.Sporobolus heterolepisPRAIRIE DROPSEED#1CONT.PDS93PLANT 2' O.C.Viburnum trilobum 'Bailey Compact'COMPACT AMERICAN CRANBERRYBUSH#5CONT.BCA93LANDSCAPE LEGENDSyringa x "Bailsugar'SUGAR PLUM LILAC #5CONT.SPF65#5CONT.10GOLD FLAME SPIREASpiraea x bumalda 'Gold Flame'1.5'4'x4'INSTALLHEIGHTMATUREHEIGHT1' 3'x4'1'3'x4'1'2.5'x5'1.5' 4'x4'1.5'3'x4'1.5'3'x4'1'3'x4'1.5'3'x4'1.5'5'x5'1.5'4'x4'6"4'x2'6"2'x2'6" 2'x1.5'6"1.5'x1.5'6"1.5'x1.5'6"1'x1'MYSSpiraea thunbergii 'Ogon' MELLOW YELLOW SPIREAGFSLonicera x xylosteoides 'Miniglobe' MINIGLOBE HONEYSUCKLE#5CONT.MGH11.5' 4'x4'N-EAST DETAIL1L1.02SCALE 1" = 10'S-EAST DETAIL2L1.02SCALE 1" = 10'NW DETAIL5L1.02SCALE 1" = 10'NORTH DETAIL6L1.02SCALE 1" = 10'SOUTH EAST DETAIL7L1.02SCALE 1" = 10'N-WEST DETAIL3L1.02SCALE 1" = 10'S-WEST DETAIL4L1.02SCALE 1" = 10'City Council Meeting of October 7, 2013 (Item No. 8c) Title: Major Amendment to The West End Final PUD for Multiple-Family ResidentialPage 42 Meeting: City Council Meeting Date: October 7, 2013 Action Agenda Item: 8d EXECUTIVE SUMMARY TITLE: First Reading – Miscellaneous Zoning Ordinance Amendments RECOMMENDED ACTION: Motion to approve First Reading of an Ordinance amending Chapter 36 of the St. Louis Park Code of Ordinances relating to definitions; processing comprehensive plan amendments and planning applications concurrently; fence height in the front yard; front yard setbacks in commercial zoning districts; compact parking dimensions; and allowing outdoor seating with food and beverage service in the Business Park zoning district, and to set the second reading for October 21, 2013. POLICY CONSIDERATION: Should the City make the proposed revisions to the zoning ordinance? SUMMARY: Staff is requesting several amendments to the Zoning Ordinance to clarify such items as definitions; processing comprehensive plan amendments and planning applications concurrently; fence height in the front yard; front yard setbacks in commercial zoning districts; compact parking dimensions; and allowing outdoor seating with food and beverage service in the Business Park zoning district. Attached is a summary of the proposed changes to the zoning ordinance. Planning Commission Review: The Planning Commission conducted a public hearing on August 18, 2013. No comments were received from the public. The Commission recommended approval (4-0 vote) of the ordinance. The minutes of the meeting are attached. NEXT STEPS: The second reading is tentatively scheduled for the October 21, 2013 City Council meeting. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not Applicable SUPPORTING DOCUMENTS: Discussion Draft Ordinance Excerpt of Draft Planning Commission Minutes Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Senior Planner Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of October 7, 2013 (Item No. 8d) Page 2 Title: First Reading – Miscellaneous Zoning Ordinance Amendments DISCUSSION Amendments: The following is a summary of the proposed miscellaneous amendments. Move zoning definitions: There are two areas in the zoning ordinance where various items are defined and described. These are the “definitions” section and the “land use descriptions” section. This ordinance moves some of the land use descriptions from the overall definitions section to the section of the code that lists and defines all land uses. In addition it modifies the definition of “significant tree.” Allow Comprehensive Plan Amendments to be processed concurrently: The ordinance currently separates Comprehensive Plan amendments from consideration of conditional use permits and planned unit developments. In practice, a Comprehensive Plan amendment should be considered along with the other development applications when the purpose of the amendment is for new development. The separation of these items has caused consternation and confusion, and is an unusual practice among cities. Combining applications is helpful to citizens, Planning Commission, City Council, developers and staff. Fence height in front yard: Many homeowners have requested that fences be allowed up to 4-feet in front yards, as that has become the standard panel size for fences. While 3 ½ foot fence panels can be found, most styles of fences will have to be custom built to meet the 3.5 foot height limit. Increasing the height to four feet meets the industry standard, and removes the financial impact of having to build a custom 3.5 foot fence. Setbacks in Commercial districts: This proposed change clarifies and simplifies the setback requirements for commercial properties. The current setback is 5 feet if the neighboring properties are also 5 feet. If two or more neighboring properties have a front yard that is greater than 5 feet, then the required setback becomes an average of existing setbacks. The average setback presents a moving target, and it would be a more consistent practice to treat all commercial district buildings uniformly. Outdoor seating in Business Park: It is proposed to allow outdoor seating and service for restaurants and breweries located in the Business Park zoning district and to alter the existing language in the commercial and office districts so they all read consistently. Compact parking dimensions: It is proposed to add smaller dimensions to allow for compact parking stalls. Compact spaces are currently allowed, but it does not specify the minimum dimensions. Sign regulations: This amendment is to include sign regulations in the Business Park zoning district; these were inadvertently left off in the adoption of the zoning district. NEXT STEPS: Conduct the second reading on October 21, 2013. City Council Meeting of October 7, 2013 (Item No. 8d) Page 3 Title: First Reading – Miscellaneous Zoning Ordinance Amendments ORDINANCE NO.____-13 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-4, 35, 74, 115, 142, 193, 194, 223, 361, AND 362 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No.13-35-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-4, 35, 74, 115, 142, 193, 194, 223, 361, and 362, is hereby amended by deleting stricken language and adding underscored language. Section breaks are represented by ***. ARTICLE I. IN GENERAL *** Sec. 36-4. Definitions. *** Brewery means a facility that manufactures alcoholic and nonalcoholic malt liquor. This definition does not include breweries operated in conjunction with a restaurant as an accessory use. Taproom means a facility where on-sale of malt liquor produced by the brewer for consumption on the premises of, or adjacent to, the brewery location owned by the brewer at which the malt liquor is produced. Significant Tree - Any tree, with the exception of Salix (Willow), Boxelder, Siberian Elm and Black Locust, is considered to be significant under the landscaping section of the zoning ordinance if it is at least five caliper inches for deciduous trees and six caliper inches for conifers. Aspen, Cottonwood or Silver Maple are considered significant if they are at least 12 inches in diameter at breast height-DBH. means any mature tree as defined in the City of St. Louis Park’s Landscape Tree List. *** ARTICLE II. ADMINISTRATION AND ENFORCEMENT* *** Sec. 36-35. Amendments. *** (d) Procedure for comprehensive plan and amendments. *** City Council Meeting of October 7, 2013 (Item No. 8d) Page 4 Title: First Reading – Miscellaneous Zoning Ordinance Amendments 7. If the requested application for a comprehensive plan amendment involves a land use or density change on a particular parcel of land, no and the request also includes an application for a conditional use permit, planned unit development, or variance related to that parcel shall all applications may be accepted for processing until action on the comprehensive plan amendment has been completed and handled concurrently. *** ARTICLE III. GENERAL PROVISIONS *** Sec. 36-74. Fences. *** (d) Height. The height shall be measured from the ground level to the top of the fence or wall section. In the case where a fence has variable heights or where the ground slopes, the height of the fence shall be the average height, but in no case shall the height of any one point exceed six inches above the maximum allowed by this section. Fence posts may exceed eight inches above the maximum allowed by this section. (1) A fence or all shall not exceed six feet in height if it is located in any side or rear yard. (2) A fence, wall or hedge shall not exceed 3 1/2 four feet in height if located in a front yard. *** ARTICLE IV. ZONING DISTRICTS DIVISION 1. GENERALLY Sec. 36-115. Land use by zoning district. TABLE 36-115B ZONING DISTRICTS TABLE OF BULK REGULATIONS Zoning Districts R-1 R-2 R-3 R-4 R-C C-1 C-2 O I-P I-G M-X Minimum lot width 1-2 story or 25 feet 75 60 60 60 80 -- -- 100 75 50 -- 3-story or 35 feet 75 60 60 60 80 -- -- 100 100 75 -- 4-story or 48 feet N/A N/A N/A 60 80 N/A -- 100 100 75 -- 5-6 story or 75 feet N/A N/A N/A 60 80 N/A -- 100 150 100 -- Minimum lot area 1-2 story or 25 feet 9,000 7,200 7,200 8,000 15,000 -- -- 15,000 15,000 5,000 -- 3-story or 35 feet 9,000 7,200 7,200 8,000 15,000 -- -- 15,000 18,000 7,500 -- 4-story or 48 feet N/A N/A N/A 8,000 15,000 N/A -- 15,000 18,000 7,500 -- 5-6 story or 75 feet N/A N/A N/A 8,000 15,000 N/A -- 15,000 22,500 10,000 -- Maximum density 4.8 6 10.9 30* 50* N/A N/A N/A N/A N/A 50* Maximum height 30 30 35 40* 75* 35 75 240 75 75 * City Council Meeting of October 7, 2013 (Item No. 8d) Page 5 Title: First Reading – Miscellaneous Zoning Ordinance Amendments Floor area ratio (FAR) 0.3 0.3 0.4 0.7 1.2 1.2 2.0 1.5 0.5 1.0 1.5* Ground floor area ratio (GFAR) 0.3 0.3 0.25 0.25 0.25 -- -- -- -- -- -- Minimum yard widths Front 30* 25* 25* 30* 30* 5* 5* 20* 50* 20 -- Side 1 1-2 story or 25 feet 6 5 6 15 15 0* 0* 15 20 12 -- 3-story or 35 feet 6 5 6 15 15 0* 0* 15 25 12 -- 4-story or 48 feet N/A N/A N/A 15+ 15+ N/A 15* 15+ 30 12 -- 5-6 story or 75 feet N/A N/A N/A 15+ 15+ N/A 15* 15+ 35 12 -- Side 2 1-2 story or 25 feet 9* 7* 9* 1/2 1/2 0* 0* 1/2 20 0 -- 3-story or 35 feet 9* 7* 9* 1/2 1/2 0* 0* 1/2 25 0 -- 4-story or 48 feet N/A N/A N/A 1/2 1/2 N/A 15 1/2 30 0 -- 5-6 story or 75 feet N/A N/A N/A 1/2 1/2 N/A 15 1/2 35 12 -- Side abutting street 15 15* 15* 15 15 15 15 15 25 15 -- Rear 1-2 story or 25 feet 25 25 25 25* 25* 10* 0* 15 20 10 -- 3-story or 35 feet 25 25 25 25* 25* 10* 0* 15 20 10 -- 4-story or 48 feet N/A N/A N/A 25* 25* N/A 1/2 1/2 40 20 -- 5-6 story or 75 feet N/A N/A N/A 25* 25* N/A 1/2 1/2 40 20 -- 1/2 = one-half building height. + = plus one-half building height. *Certain conditions cause these figures to vary *** DIVISION 2. LAND USE DESCRIPTIONS AND CHARACTERISTICS *** Sec 36-142. Descriptions. *** (d) Commercial uses. *** (7) Brewery means a facility that manufactures alcoholic and nonalcoholic malt liquor. This definition does not include breweries operated in conjunction with a restaurant as an accessory use. (78) Business/trade school/college means a training establishment or institution serving adults and sometimes high school age persons which provides training and/or education toward a skill, license or degree. (Ord. No. 2358-08, 8-14-08) (89) Convention and exhibition center means a facility providing large and small meeting rooms for the assembly of persons and the display of products and information. It may include banquet kitchens and facilities. Characteristics include heavy parking and loading area requirements and large scale buildings. City Council Meeting of October 7, 2013 (Item No. 8d) Page 6 Title: First Reading – Miscellaneous Zoning Ordinance Amendments (910) Currency exchange means any business or person except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company that is engaged in the business of cashing checks, drafts, money orders, or traveler’s checks for a fee. (Ord. No. 2349-08, 02-22-08) (101) Dry cleaning, laundering with route pickup and delivery, means a facility where clothing, diapers or other fabrics are cleaned by dry cleaning or laundering processes. Materials to be cleaned may be brought to the site either by pickup and delivery trucks operated as part of the business or by customers who drop off and pick up their own materials to be cleaned. The use may include the storage of delivery vehicles on the site. (12) Firearms sales means a facility where the primary use is the sale, lease, or purchase of firearms or ammunition. (113) Food service means the on-site sale of food and beverages which are prepared and served in individual portions in a ready to consume state for consumption either on-site or off- site, including seating for not more than ten persons. Characteristics may include truck and vehicle traffic, cooking odors and refuse. The preferred location is on major thoroughfares with no access to local residential streets. This use is often found in conjunction with motor fuel stations and grocery stores. (124) Home occupation means an occupation, profession, or activity which provides gainful employment to a resident of a dwelling unit which is clearly an incidental and subordinate use to the residential use and which does not alter the exterior of the property or affect the residential character of the neighborhood. Auto body/painting, motor vehicle sales, motor vehicle service and repair, retail sales, massage, medical/dental office, animal handling, beauty shop and barbershop, warehouse/storage and manufacturing/processing do not qualify as home occupations. (135) Hotel means a lodging facility operated under the auspices of a national or international hostel organization which has dormitory rooms available for rent by members. The facility has common cooking and eating facilities and may have common restroom facilities. The duration of stay is typically short and the facility has a resident manager. (146) Hotel/motel means facilities which provide overnight lodging in individual rooms or suites of rooms, each having a private bathroom, which are rented by day or week. These facilities may include in-room or in-suite kitchens and recreational facilities for use by lodgers. Restaurants, banquet rooms, arcades, fitness centers and other facilities available to nonlodgers are not considered accessory uses. (157) In-vehicle sales or service means sales or service to persons in vehicles. It may include drive-in, drive-up and drive-through facilities, but does not include motor fuel stations. Characteristics include high traffic volumes during the typical peak hour traffic period. (18) Liquor store means a facility principally for the retail sale of pre-packaged alcoholic beverages for off-premise consumption. (169) Medical and dental laboratories mean facilities in which individually produced and made to order medical and dental prosthetics are crafted for the specific needs of specific City Council Meeting of October 7, 2013 (Item No. 8d) Page 7 Title: First Reading – Miscellaneous Zoning Ordinance Amendments individuals. Characteristics may include hours of operation of 7:00 a.m. to 6:00 p.m.; daily deliveries to and from the facilities by car, van or light truck; minimal heavy truck traffic; no use of outside storage and occasional visitation of facilities by customers needing specialized attention as to the make-up and fit of their specific prosthesis. (1720) Motor fuel station means a facility which supplies and dispenses at retail motor fuels directly into a motor vehicle; it also includes the sale of lubricants, batteries, tires and motor vehicle accessories. Motor fuels may be self-serve or dispensed by an attendant. Light maintenance activities to vehicles including engine tune-ups, lubrication, repairs, and carburetor cleaning may also be conducted. Characteristics include outdoor activity, high traffic generation and extended hours of operation. This use excludes heavy automobile repair including, but not limited to, engine overhauls, automobile painting, and bodywork. (1821) Motor vehicle sales means display, sale, and rental of automobiles, trucks and recreational vehicles from an indoor showroom facility and may include an outdoor sales lot; motor vehicle service and repair and autobody/painting often occur in conjunction with this use. Characteristics may include outdoor activity, banners and lights for promotion and advertising, outdoor sound systems, truck deliveries, night and weekend operating hours, and test driving on nearby streets. (Ord. No. 2248-03, 8-18-03) (1922) Motor vehicles service and repair means repair, lubrication, washing, detailing, equipment installation, engine overhauls, and other similar uses involving automobiles, trucks and recreational vehicles. Characteristics may include the storage of vehicles, truck traffic, night and weekend operating hours; motor fuel stations and autobody/painting are excluded. (203) Office means a facility in which the handling of information or the performing of administrative services is conducted. It includes services provided to persons both on-site and off-site on a walk in or appointment basis such as counseling or indirect or nonpersonal service such as real estate, travel agencies, financial agencies, insurance offices and professional offices. This description excludes hospitals or other medical facilities; except it may include up to a maximum of ten percent of the gross floor area in medical or dental offices. Characteristics include high peak period traffic generation and 8:00 a.m. to 5:00 p.m. hours of operation. (214) Outdoor sales means the display and sale or rental of merchandise or equipment outside of an enclosed building. It may include boat sales, canoe sales, nursery sales; but it excludes the sale of motor vehicles. (225) Pawnshop means a facility where money is loaned based on the value of goods deposited at the facility by the borrower of the money, which goods are held by the lender of the money occupying the facility as collateral for the loan. Items held by the lender which are not redeemed by a borrower may be put up for sale at the facility to the general public. The term pawnshop includes a facility where all or any part of the pawnshop activities are conducted. (Ord. No. 2349-08, 2-22-08) (236) Payday loan agency means any business that has as its primary activity the providing of short-term loans for the borrower’s own personal, family, or household purpose which are usually for a period of forty-five (45) days or less. Payday loan agencies do not include banks. (Ord. No. 2349-08, 2-22-08) (247) Places of Assembly are facilities designed to accommodate larger groups of people having shared goals, desires or interests that are not customarily business related. Social, City Council Meeting of October 7, 2013 (Item No. 8d) Page 8 Title: First Reading – Miscellaneous Zoning Ordinance Amendments educational, recreational, religious, and dining activities may be included. Characteristics may include large group meetings or activities with peak parking demands and noise. If the floor area devoted to food or beverage sales exceeds 50% of the total gross floor area, the facility will be classified as a restaurant. (Ord. No. 2311-06, 1-18-06) (258) Post office customer service means the retail/customer service portion of the post office function that includes customer drop off of packages and mail; sale to the public of stamps, money orders, insurance, envelopes and packaging materials, and other mail services; and post office boxes. Characteristics include hours similar to offices and Saturday mornings, high volumes of automobile traffic and some truck traffic. Mail sorting for mail route delivery and distribution are not part of this land use. (269) Printing process/supply means a facility in which retail-oriented graphic and photographic reproductive services are conducted. This does not include industrial operations where printing is of a commercial nature. (2730) Private entertainment (indoor) means entertainment services provided entirely within an enclosed building. It includes theaters, health or fitness centers, bowling alleys, arcades, roller rinks, and pool halls. Characteristics may include late operating hours, outdoor lighting, noise, and traffic. (2831) Restaurant means an establishment whose principal business is the sale of food and beverages which are prepared and served in individual portions in a ready-to-consume state for consumption on site. This use is often found in conjunction with bars, hotels and food service. It is preferably located on major thoroughfares with no access to residential streets. Characteristics include late hours of operation, refuse, high car and truck traffic generation, and cooking odors. A food service or deli is not considered to be a restaurant if seating is provided for ten or fewer persons. (2932) Retail means a facility where merchandise or equipment is displayed and rented or sold and where delivery of merchandise or equipment to the ultimate consumer is made. This use includes limited production, repair or processing as an accessory use. Hours of operation generally begin after the a.m. peak traffic period and extend to time ranges from 5:00 p.m. to 10:00 p.m.; although some convenience stores and grocery stores are open 24 hours per day. Characteristics generally include high parking demand and high off-peak traffic generation; generally prefers high visibility and access to major thoroughfares. This use includes but is not limited to camera shops, clothing stores, department stores, grocery stores, discount stores, jewelry stores, delicatessens, retail bakeries, toy stores; but excludes restaurants, bars, pawn shops, motor vehicle sales, motor fuel stations, and large item retail. (29.133) Retail, large item means a facility where large item merchandise or equipment is displayed and rented or sold and where delivery of merchandise or equipment to the ultimate customer is made. Characteristics generally include hours of operation between 9:00 a.m. and 9:00 p.m. weekdays and weekends. The parking demand per square foot of building area is normally less than the demand for general retail. This use includes but is not limited to, furniture stores, carpet stores, large appliance stores; but excludes motor vehicle sales, pawnshops, and retail. (304) Service means on-site service provided directly to an individual. This use includes barbershops, beauty shops, therapeutic massage, nail salon, laundromats, shoe repair shops, and City Council Meeting of October 7, 2013 (Item No. 8d) Page 9 Title: First Reading – Miscellaneous Zoning Ordinance Amendments dry cleaners where articles to be cleaned are picked up and delivered by the patron. This use excludes pawnshops. (Ord. No. 2358-08, 8-14-08) (315) Sexually-oriented business means any limited impact sexually-oriented business or any high impact sexually-oriented business. *** (326) Shopping center means a group of commercial uses planned, owned and managed as a unit that has common parking facilities. Shopping centers may include more than one building and more than one contiguous property and owner if approved under a single conditional use permit or planned unit development. (Ord. No. 2248-03, 8-18-03) (337) Studio means a facility where the practice or study of the visual and audio arts occurs. This use may include painting, sculpting, photography, recording, radio and television studios. This use also includes dance studios and studios for the martial arts. This use does not include large industrial photography or printing processes. (38) Taproom means a facility where on-sale of malt liquor produced by the brewer for consumption on the premises of, or adjacent to, the brewery location owned by the brewer at which the malt liquor is produced. *** DIVISION 5. COMMERCIAL DISTRICT REGULATIONS* *** Sec. 36-193. C-1 neighborhood commercial district. *** (e) Accessory uses. *** (5) Outdoor seating and service of food and beverages is permitted as an accessory use to a restaurant if with the following conditions: a. The use shall not be located in the interior side or back yard if it is adjacent to a parcel that is occupied by a residential dwelling. This provision will not apply if the first floor of the building located on the adjacent parcel is not occupied by a residential dwelling or if a residential dwelling is located above the restaurant principal use. *** d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the restaurant principal use, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less. (f) Dimensional standards/densities. (4) The front yard shall be a minimum of five feet. unless a greater depth is required to meet screening requirements. If the average depth of at least two existing front yards, for buildings within 150 feet along the same block front of the lot in question, are less or greater than 20 feet, City Council Meeting of October 7, 2013 (Item No. 8d) Page 10 Title: First Reading – Miscellaneous Zoning Ordinance Amendments in that case the required front yards shall be the average depth of such existing front yards, but the depth of a front yard shall not be less than five feet nor be required to exceed 50 feet. *** Sec. 36-194. C-2 neighborhood commercial district. *** (c) Uses permitted with conditions. *** (23) High impact sexually-oriented business. *** b. No person shall operate a high impact sexually-oriented business on property, any part of which is within the area circumscribed by a circle which has a radius of 1,000 feet from another high impact sexually-oriented business, pawnshop, currency exchange, payday loan agency, firearms sales, or liquor store. (d) Uses permitted by conditional use permit. *** (16) Pawnshops. The conditions are as follows: a. The lot must be at least 1,000 feet from the property line of a site containing another pawnshop, currency exchange, payday loan agency, gun shop firearms sales, liquor store or sexually-oriented business. In the case of a shopping center of multi-use building, the distance shall be measured from the portion of the center or building occupied by the pawnshop. *** (19) Liquor stores. The lot must be at least 1,000 feet from the property line of a site containing another liquor store, pawnshop, currency exchange, payday loan agency, firearms sales or sexually-oriented business. In the case of a shopping center of multi-use building, the distance shall be measured from the portion of the center or building occupied by the liquor store. *** (f) Accessory uses. *** (7) Outdoor seating and service of food and beverages is permitted as an accessory use to a restaurant if: a. The use shall not be located in the interior side or back yard if it is adjacent to a parcel that is occupied by a residential dwelling. This provision will not apply if the first floor of the building located on the adjacent parcel is not occupied by a residential dwelling or if a residential dwelling is located above the restaurant principal use. *** d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the restaurant principal use, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less. City Council Meeting of October 7, 2013 (Item No. 8d) Page 11 Title: First Reading – Miscellaneous Zoning Ordinance Amendments *** (g) Dimensional standards/densities. *** (4) The front yard shall be a minimum of five feet. unless a greater depth is required to meet screening requirements. If the average depth of at least two existing front yards, for buildings within 150 feet along the same block front of the lot in question, are less or greater than 20 feet, in that case the required front yards shall be the average depth of such existing front yards, but the depth of a front yard shall not be less than five feet nor be required to exceed 50 feet. *** DIVISION 6. OFFICE DISTRICT REGULATIONS* *** Sec. 36-223. O office district. *** (f) Accessory uses. *** (5) Outdoor seating and service of food and beverages is permitted as an accessory use to a restaurant if: a. The use is separated from any adjacent residential use by a building wall or six foot fence. This provision will not apply if the residential use is located on an upper story above a restaurant the principal use. *** d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the restaurant principal use, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less. *** DIVISION 7. BUSINESS PARK DISTRICT REGULATIONS* *** Sec. 36-233. BP business park district. *** (f) Accessory uses. *** (4) Outdoor seating and service of food and beverages is permitted as an accessory use if with the following conditions: a. The use must be separated from any adjacent residential use by a building wall or six foot fence. This provision will not apply if the residential use is located on an upper story above the principal use. City Council Meeting of October 7, 2013 (Item No. 8d) Page 12 Title: First Reading – Miscellaneous Zoning Ordinance Amendments b. No speakers or other electronic devices which emit sound are permitted if the use is located within 500 feet of a residential use. c. The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if the use is located within 500 feet of a residential use. d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet or ten percent of the gross floor area of the principal use, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or ten percent of the gross building area, whichever is less. (45) Parking ramps, subject to the conditions for parking ramps found in Section 36-233 (d)(6). (56) Parking lots. (67) Post Office Customer Service. (78) Showroom. (89) Warehouse / Storage. *** ARTICLE V. SPECIAL PROVISIONS Sec. 36-361. Off-street parking areas, paved areas, and loading spaces. *** (k) Design Requirements *** PARKING LOT DIMENSIONS Table 36-361 (b) Stall Angle (degrees) Curb Length (feet) Vehicle Projection (feet) Aisle Width (feet) Total Width (feet) 45 Standard Compact 12.0 11.5 18.5 17.0 13.0* 50.0 60 Standard Compact 10.0 9.5 20.0 18.0 15.0* 55.0 75 Standard Compact 9.0 8.5 20.5 17.5 18.0* 59.0 90 Standard Compact 8.5 8.0 18.0 16.0 25.0 61.0** Parallel Standard Compact 23.0 21.0 8.5 8.0 22.0 38.0 *** Sec. 36-362. Sign regulations. *** City Council Meeting of October 7, 2013 (Item No. 8d) Page 13 Title: First Reading – Miscellaneous Zoning Ordinance Amendments (f) General provisions. *** (2) Required yards. Sign shall maintain a 10 foot minimum yard to property line unless exempted below: a. In the C-1, and C-2, BP, and M-X districts the required yard for any sign less than 200 square feet in sign area shall be 5 feet. *** TABLE 36-362A SIGN AREA AND HEIGHT *** I-P / BP 0 – 20,000 25 100 75 80 80 20,000 – 50,000 25 200 100 80 80 Over 50,000 – 100,000 25 250 150 80 80 Over 100,000 25 350 300 80 80 *** (g) Adjustments to table 36-362A. *** (4) In the C-1, C-2, O, BP, I-G and I-P districts, the total area of all wall signs on a building which meets the following outlined conditions shall not be included in calculating the aggregate sign area on a lot: Sec. 3. The contents of Planning Case File 13-35-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec. 4. This Ordinance shall take effect fifteen days after its publication. Public Hearing September 18, 2013 First Reading October 7, 2013 Second Reading October 21, 2013 Date of Publication October 31, 2013 Date Ordinance takes effect November 15, 2013 Reviewed for Administration Adopted by the City Council City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney City Council Meeting of October 7, 2013 (Item No. 8d) Page 14 Title: First Reading – Miscellaneous Zoning Ordinance Amendments EXCERPT OF UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA September 18, 2013 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Dennis Morris, Richard Person, Carl Robertson MEMBERS ABSENT: Claudia Johnston-Madison, Robert Kramer, Larry Shapiro, Charlie Dixon (youth member) STAFF PRESENT: 1. Call to Order – Roll Call 2. Approval of Minutes of August 21, 2013 Commissioner Person made a motion to approve the minutes. Commissioner Morris seconded the motion, and the motion passed on a vote of 4-0. 3. Public Hearings C. Miscellaneous Zoning Ordinance Amendments Applicant: City of St. Louis Park Case No.: 13-35-ZA Gary Morrison, Assistant Zoning Administrator, presented the staff report. He explained that the proposed amendments consist of a number of unrelated items including definitions; processing comprehensive plan amendments and planning applications concurrently; fence height in the front yard; front yard setbacks in commercial zoning districts; compact parking dimensions; and allowing outdoor seating with food and beverage service in the Business Park zoning district. Commissioner Person asked if each stall of compact parking requires a sign. Mr. Morrison replied each compact parking stall would have a sign. Commissioner Morris spoke about distance requirements of liquor stores, sexually-oriented businesses, pawnshops, currency exchanges, etc., and asked if the city has dropped distance requirements between certain uses and daycare and schools. Mr. Morrison responded that sexually-oriented businesses and liquor store setback requirements are currently addressed in the ordinance. He said the reason the proposed amendment adds liquor stores, pawnshops, firearms sales, etc., is to correct reciprocal setbacks that weren’t included in the pawnshop amendment a couple of years ago. Commissioner Morris commented that maybe the city needs to start adjusting its thinking as to what these businesses are and why they can’t be closer together. He asked what the moral logic is in keeping these businesses separated. He added that more realistically the businesses are legitimate businesses. City Council Meeting of October 7, 2013 (Item No. 8d) Page 15 Title: First Reading – Miscellaneous Zoning Ordinance Amendments Mr. Morrison replied that a study was done on these uses a few years ago that led up to the current ordinance. He said the study took into consideration the effect that the accumulation or concentration of many of these types of uses has on a neighborhood. That is the intent of separating them out. Chair Robertson said he agreed with Commissioner Morris. He said the city is arbitrarily labeling a few honest, legal, productive businesses as less than desirable. He said he is not comfortable with that. Commissioner Carper noted that a correction needs to be made to page 10, item (5)d. The word restaurant should be deleted by strikethrough. Commissioner Person said the concurrent Comprehensive Plan amendment seemed like a good idea. He asked how much time that would save in the application process. Meg McMonigal, Planning and Zoning Supervisor, said it could save at least two months. She said most cities prefer to approve the Comprehensive Plan amendment concurrently with other development approvals. Chair Robertson said he is very cautious about this because any Comprehensive Plan changes should stand alone on its own merit. He added that concurrent application is a great idea for ease of the development process. Ms. McMonigal said the ability remains to review proposals at study sessions prior to the application stage. Chair Robertson opened the public hearing. As no one was present wishing to speak he closed the public hearing. Commissioner Morris made a motion to recommend approval of the miscellaneous Zoning Ordinance amendments as recommended by staff. Commissioner Person seconded the motion, and the motion passed on a vote of 4-0. 6. Adjournment The meeting was adjourned at 7:20 p.m. Meeting: City Council Meeting Date: October 7, 2013 Action Agenda Item: 8e EXECUTIVE SUMMARY TITLE: Public Safety Software Agreement RECOMMENDED ACTION: Motion to enter into an Agreement with ZuercherTechnologies LLC in the amount of $494,560 plus annual maintenance fees starting at $74,284 per year for provision of software licensing and maintenance, hardware provision and maintenance, and several related services for use of ZuercherTech’s ledsSuite product offerings to the City of St. Louis Park’s Police and Fire Departments. POLICY CONSIDERATION: Does the Council wish to enter into this agreement to engage the City of St. Louis Park’s use of ZuercherTech’s ledsSuite system? Does Council wish to have more detailed information provided on the public safety software situation at this time? SUMMARY: At the direction of the City Manager, the Police Department staff engaged services of PSC Alliance consultants to assist the Police Department in developing a Request for Proposal (RFP) that ensures its business process needs can be addressed by proposals for a fully integrated police software system. Through that process, four vendors made proposals and two were vetted further in order to test the marketplace and compare the value propositions offered by current vendor products and products / packages with what could be obtained through working collaboratively with other Police agencies. The end result of that process is the Police Department’s recommendation that the City enter into an agreement with ZuercherTech LLC for provision of a Computer Aided Dispatch (CAD) / Records / Mobiles / Jail / Automated Vehicle Locator system. The ZuercherTech proposal also includes conversion of some existing data used by Police and Fire and necessary interfaces to work with the State, FBI, and selected other support systems. The agreement includes payments to ZuercherTech of 30% upon execution of the agreement, 30% upon installation of hardware and software, 25% upon production use of the hardware and software, and 15% after final system acceptance. FINANCIAL OR BUDGET CONSIDERATION: Funds for the possible acquisition of a new public safety software suite and the potential to replace some other services Police and Fire currently share through the LOGIS public safety collaborative have been included in the 2013 Capital Improvement Program (with the Police Pension Fund as the specific source). Sufficient on-going operating and maintenance resources are available in the form of funds currently paid to LOGIS from the Information Technology budget, payments that would shift to paying ZuercherTech if the agreement is approved. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion ZuercherTech Contract Prepared by: Clint Pires, Chief Information Officer Reviewed by: John Luse, Police Chief Approved by: Tom Harmening, City Manager City Council Meeting of October 7, 2013 (Item No. 8e) Page 2 Title: Public Safety Software Agreement DISCUSSION BACKGROUND: The City of St. Louis Park Police Department has utilized computerized Records and Computer Aided Dispatch (CAD) systems since 1984. Later in the 1980’s computerized mobile devices started being introduced into squads and have since become a standard feature. The CAD system also serves the St. Louis Park Fire Department as the dispatch operation is part of the Police Department. Since 1984, the Police Department has collaborated with several other metro area agencies through the LOGIS consortium (www.logis.org). Such collaboration is designed to share risks, costs, and information among the participating agencies. Police agency representatives from the membership research and select computerized software applications that LOGIS staff is then requested to implement. The software applications are replaced periodically as technology changes and more features are requested. For approximately the last 10 years, the LOGIS police agencies have utilized a Records – CAD – Mobiles software suite from Motorola. In 2008 the Public Safety Steering Committee for LOGIS, composed of representatives from several public safety agencies, researched alternative software packages and through a Request for Proposal (RFP) process recommended acquisition of a new Motorola product that was still in its development phase. While there were other software packages available at that time, they either did not meet requirements of the public safety agency collaborative or the price point was deemed unaffordable. The public safety agency representatives felt the Motorola suite was the best among a very limited choice in this marketplace. Following contract execution in 2009, Motorola continued development and began its implementation of the new software suite code-named Premiere One. Since then, Motorola has yet to be successful in implementing its software to the satisfaction of the LOGIS public safety agencies. LOGIS staff is in agreement. In July of 2012, it reached the point where the LOGIS Board of Directors authorized staff to provide a notice of default and cure to Motorola relating to the Premiere One project and take legal actions consistent with termination of the contract. The goal was to make LOGIS and member public safety agencies – St. Louis Park is one of about 25 agencies – as whole as possible for costs incurred during this project. Results of the settlement process with Motorola were successful and included member cities receiving a refund of most project costs and payments incurred. Since settlement with Motorola in late 2012, the remaining LOGIS public safety members re- issued the RFP and have since selected TriTech as their new public safety software applications provider. As expected, besides St. Louis Park, two other current agencies (New Hope and Rosemount) have opted out of the collaborative process since Motorola’s failed implementation. Another agency, Richfield, is closing its dispatch center, but currently remaining in the collaborative to share police records data with other agencies. As of this writing, LOGIS is hoping to reach an agreement with TriTech in October. If all goes well, it is expected that most LOGIS public safety agencies would be migrated to TriTech between 2014 and 2015. Since 2009, several things have evolved: • First, Motorola failed in its project implementation. Its promises never materialized. • It appears other software products may have emerged in the public safety software product arena. St. Louis Park public safety staff has been researching some of these products. City Council Meeting of October 7, 2013 (Item No. 8e) Page 3 Title: Public Safety Software Agreement • It may be that some of these products are more competitively priced than the product choices in 2008, possibly making it cheaper to be on our own than collaborating with other agencies. A full accounting of costs and services would need to be forecasted, and now has been. • Based on reviewing other public safety agencies, it seems clear there are companies (such as TriTech) that are more reliable than Motorola has been with delivering promised public safety software. • While it seems to be the case that a few more companies have offerings for Police records and CAD systems, the number of choices in Fire records systems continues to be small. Those choices were also very limited in 2008. • One differentiating advantage to being a member of the LOGIS public safety agency collaborative has been the ability to share and mine incident and suspect data across member public safety agencies using a common database. While that was considered to be a real advantage at one time, it may no longer be the case. The State has evolved its own data repository, although that repository (CIBRS) has had limited use to date. That said, it is true that some bordering communities including Hopkins, Edina, Plymouth, and Minneapolis do not electronically share data with each other or St. Louis Park. St. Louis Park currently shares a common data base and data with Golden Valley and Minnetonka, but that stops for St. Louis Park with its decision to go to ZuercherTech. • As the number of collaborating public safety agencies has grown and St. Louis Park’s business needs have diverged from those of other agencies, St. Louis Park Police Department staff feel it makes more sense to be on our own for public safety software (like Hopkins, Edina, Plymouth, and Minneapolis, as examples), rather than collaborate with a group of agencies (including Golden Valley and Minnetonka). That said, St. Louis Park Police may eventually be interested in forming future partnerships with other agencies with like-minded business processes (and therefore similar software application needs) in public safety. That is beyond the scope of this agreement. It is likely that remaining public safety agencies collaborating through LOGIS will continue to work together to implement the replacement TriTech public safety software suite of products. To be sure, there are many other LOGIS infrastructure and security services that hold value and St. Louis Park Police have elected to continue using. These services will be paid for as used. At the direction of the City Manager, the Police Department staff engaged services of PSC Alliance consultants to assist the Police Department in developing an RFP that ensures its business process needs can be addressed by proposals for a replacement system. Through that process, four vendors made proposals and two were vetted further in order to test the marketplace and compare the value propositions offered by current vendor products and products / packages that could be obtained through the larger consortium. The end result of that process is the Police Department’s recommendation that the City enter into an agreement with ZuercherTech LLC for provision of a CAD / Records / Mobiles / Jail / Automated Vehicle Locator system. The ZuercherTech proposal also includes conversion of some existing Dispatch, Records, and Evidence data used by Police and Fire, and necessary interfaces to work with the State, FBI, and other support systems. ZuercherTech (stand-alone) and TriTech (collaborative) products offer somewhat different tiers of public safety software applications and feature sets. In addition, operating as a stand-alone agency instead of a data-sharing multi-agency collaborative presents different system designs with different costs. In the end, we need to estimate costs as best we can with the information we have. The Police Department is recommending an on-going agreement with ZuercherTech. The City Council Meeting of October 7, 2013 (Item No. 8e) Page 4 Title: Public Safety Software Agreement agreement can be terminated with notice as needed. In the technology world, much can change over time and quickly. That said, if all goes according to the current plan, it appears the comparative overall projected 5-year Total Cost of Ownership approximates the following: ZuercherTech: $912,723 (not including legal fees and in-house staff efforts) TriTech: $1,335,472 It should be noted that while this entire project implementation is carried out and completed, LOGIS will continue to provide services with the existing Records – CAD – Mobiles software suite for St. Louis Park. Complete transition is expected to end sometime in 2014. While this aging suite does not include all features agencies, including St. Louis Park, feel are needed to meet current and emerging business needs, the system has proven to be relatively reliable over the years. The CIO has worked with LOGIS to ensure existing capabilities to support Police and Fire functions and serve our constituents continue until migration to ZuercherTech is complete in 2014. ZUERCHERTECH SYSTEM FEATURES: Below are several high-level system features of ZuercherTech, some in comparison to the software option available through the public safety agency collaborative: • The Police and Fire Departments feel ZuercherTech can meet virtually all system requirements in the SLP PD (St. Louis Park Police Department) and FD (Fire Department). • ZuercherTech claims that it will customize or provide a forms creator (that can be used by SLP PD and FD staff) as needed to meet all requirements of SLP PD and FD. • While ZuercherTech’s product appears to include all core modules needed, there are other support modules currently used that are not currently available from ZuercherTech. For at least the short-term, that means it will be necessary to continue use of multiple systems and related costs and data from these support modules will not be converted as part of this agreement. These support modules include: o CADMine: This crime analysis and internal and public web incident mapping currently provided by CADMine is not currently scoped to be totally replaced by the integrated ZuercherTech modules. Police report the crime analysis component is currently available with ZuercherTech, and ZuercherTech hopes to add the internal and public web incident mapping in the future. Police staff have indicated they do not need this functionality immediately. Police intends to stop use of CADMine following system migration. o Request Partner: Used to track quality of life cases and internally manage workflow in Police. This capability is not currently available as a standard module through ZuercherTech. However, Police intends to use ZuercherTech’s custom form builder to replace this functionality in the future. Until that time, Police plans to continue using Request Partner. o WebXtender (documents imaging system): This system is used by Police to scan and store documents related to cases as well as related audio files. At this time, Police plans to use the new ZuercherTech application to store and retrieve future documents and audio files, use the separate WebXtender application to retrieve files going back to 1992, and use microfilm to retrieve files prior to 1992. Police hopes to work with ZuercherTech under a separate contract in the future to price and convert any older WebXtender documents and audio files needed. Since City Council Meeting of October 7, 2013 (Item No. 8e) Page 5 Title: Public Safety Software Agreement WebXtender is also used by other City departments, and Police is the largest user department, migration of Police use to ZuercherTech would likely reduce WebXtender licensing fees and storage requirements. • The original goal of the Police Department was to have an all-inclusive integrated software package that did not require opening multiple programs, and it was thought ZuercherTech had such a fully integrated package. Although ZuercherTech cannot currently replace these support modules, SLP Police have indicated ZuercherTech might meet these needs in the future, and they wish to move forward at this time with these support modules remaining non-integrated and the workflow implications. • SLP PD and Minnetonka PD currently use each other as backup dispatch centers when needed. That arrangement has worked well in part due to sharing common public safety software and phone systems. Going forward, the two PD’s wish to continue this relationship. Both agencies will continue to share common phone systems in the short term. However, Minnetonka has chosen to remain part of the public safety collaborative and will be using the collaborative’ s TriTech software product. In order to approximate the current backup environment in the future, each agency will likely need to add redundant equipment and secure networking to access their respective ZuercherTech and TriTech systems at the other’s site. This is not part of the scope of the current agreement with ZuercherTech, and the feasibility of this option has not been investigated. However, a small amount of project funds has been set aside to start this process. • Importantly, SLP Police has indicated that the existing inter-agency data sharing / data mining with some other metro area cities through a common database is not a critical need going forward. SLP Fire has indicated that CAD data sharing will be accomplished with FATPOT, which will be coordinated through Hennepin County. St. Louis Park will interface to that system. Thus, at this time, it is understood that inter-agency Police data sharing is a feature of the TriTech alternative, but not part of the RFP process to which ZuercherTech responded. SLP Police understands this data sharing is not available by going as a stand-alone Police agency using ZuercherTech. It should also be noted that several other nearby Police agencies are stand-alone and do not share a common database with others. These include Plymouth, Hopkins, Edina, and Minneapolis. CISA (Criminal Information Sharing and Analysis) is another program that agencies in Hennepin County use to share information that affects multiple County jurisdictions. • If projections are correct and SLP PD and FD can have their needs met for even approximately $423,000 less over 5 years with ZuercherTech instead of TriTech, that is significant. It may well reflect a difference in capabilities / data sharing between the ZuercherTech and TriTech applications, but if SLP PD and FD’s actual requirements can be met by ZuercherTech at a lower cost, there is no justification to pay more. • SLP PD indicates that it utilizes a business model for which ZuercherTech is a better fit than TriTech. As a result, SLP PD business requirements may well be different than the collaborative’ s public safety agencies as a whole that use other police business models. • The ZuercherTech option provides SLP PD and FD the autonomy and self-determination that comes with a direct contract with a vendor (though there are some limits there too as ZuercherTech serves several customers). Total autonomy is lost through collaborating and sharing decision making with other public safety agencies. • ZuercherTech can be installed faster (by sometime in 2014 is understood to be the case) than TriTech. • Although St. Louis Park is leaving the collaborative for public safety applications, the Police and Fire Departments will continue to use the collaborative for high-speed fiber City Council Meeting of October 7, 2013 (Item No. 8e) Page 6 Title: Public Safety Software Agreement networking, 800 MHz radio service, landline IP telephone service, jail phones, Police Admin lines, and 9-1-1 interfaces in Dispatch. • By any measure, public safety (especially including local dispatch) already requires the greatest amount of technology support in the city environment. Thus, as the City Manager has stated since the beginning of the RFP process, any new application provider would be solely responsible to install and provide on-going support for public safety software and hardware for Police and Fire in cooperation with Police and Fire staff. City IT would continue its role of supporting local hardware, software, and networking needs so as not to expand its role with no additional staff. City IT will also participate in limited project startup tasks. That said, due to the scope of this project, the CIO strongly supports the Police and Fire consultant assisting through project implementation, testing, and acceptance (these tasks are included in the consultant’s contract and project cost). That same consultant has worked with Police and Fire to bring them to this point of their recommendation. • Changing from the current public safety applications through the collaborative to any new suite will mean a change in business processes and practices. This is generally the most significant and challenging part of these projects. Many processes will not work as they have. Until actually implemented, it can only be hoped that processes and actual outcomes will improve. It will include and touch Police and Fire administrative staff, officers, and dispatchers. It will include new ways of working with other related agencies at the State level. It adds a responsibility, primarily to Police staff, to work directly with a new vendor to maintain a mission critical system. Police and Fire staff have worked with their consultant to find the technology that best fits unique business needs. They indicated they welcome this change and are excited about the opportunity to be an autonomous agency regarding public safety software. • Finally, working in collaboration with other agencies, even just 20 - 30 as is currently the case, has both its advantages (e.g., data sharing) and challenges (e.g., meeting every agency’s specific needs and wants). While there are always trade-offs, moving away from collaboration would enable St. Louis Park Police and Fire to be like most of the other 800+ cities in Minnesota in terms of autonomy and self-determination. NEXT STEPS: Following Council approval of this agreement, PSC Alliance is scheduled to assist Police and Fire in their implementation and conversion to the ZuercherTech system. Police and Fire staff will be the primary implementers and installers of their system along with ZuercherTech and PSC Alliance. Police staff will provide on-going local maintenance in partnership with ZuercherTech. City IT will assist on an as-needed basis to troubleshoot local computer and network issues as it currently does with the collaborative. And City IT will in fact reprioritize other projects to take on and absorb new start-up responsibilities for this project: local aspects of network security to meet Minnesota BCA requirements, preparation of the main and standby server sites, creating initial GIS data layers to then be maintained by Police staff, and organizing setup of contractor training equipment. These services are currently provided by the collaborative. One central goal to keep project costs as low as possible is to limit the need for on- going City IT support. This is especially important as Police and Fire have not requested an increase in IT staff with this, the largest City IT system, moving in-house from the collaborative. Zuercher Technologies LLC | 1 AGREEMENT made this ___ day of October, 2013 by and between the City of St. Louis Park (the “Customer”), having its principle place of business at 5005 Minnetonka Boulevard, St. Louis Park, Minnesota and Zuercher Technologies LLC (“Zuercher”), having its principal place of business at 5121 South Solberg Avenue, Suite 150, Sioux Falls, South Dakota. SOFTWARE LICENSE AND SERVICE AGREEMENT TERMS AND CONDITIONS 1. Definitions Documentation. All written, electronic, or recorded end user and system administrator documentation and functional descriptions therein that describe the uses, features, and functional capabilities of the System, and that are published or provided to the Customer by Zuercher. Hardware. All hardware, equipment, and other tangible non-Software items supplied to the Customer by Zuercher under this Agreement. Production. The use of the System as a live, non-test-bed system. This can be exhibited by events such as the completion of the first real-world booking, the taking of the first real-world call for service, the entry of the first real-world case report, or a similar event dealing with real- world use. Software. Any computer programs in object code form and any updates, enhancements, modifications, revisions, additions, replacements or conversions thereof owned by Zuercher and set forth or identified in Addendum A or subsequently licensed to the Customer. Software specifically excludes any Third Party Software. However, any software that Zuercher provides, including third party for the customer to use the Zuercher System is to be supported by Zuercher. Server Hardware. All hardware, equipment, and other tangible non-Software items supplied to the Customer by Zuercher under this Agreement listed as “Server Hardware” in Addendum A. Services. All project management, training, data conversion, and other services to be provided by Zuercher under this Agreement. City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 7 Zuercher Technologies LLC | 2 System. The collective whole of all Software, Hardware, and Services to be purchased, developed, licensed, supplied, installed, configured, or implemented by Zuercher under this Agreement. System Implementation. The point in time at which Customer first begins using the System in Production. Third Party Software. Any software to be supplied by Zuercher under this agreement that is purchased or licensed from any source external to Zuercher for use with or integration into the System. 2. License 2.1 Grant of the License Subject to the terms and conditions set forth herein, Zuercher hereby grants to the Customer, and the Customer accepts, a limited, non-transferable and non-exclusive license to use the Software only for the Customer’s own business purposes. 2.2 Copies and Modifications Unless otherwise agreed to in writing by Zuercher, no identifying marks, copyright or proprietary right notices may be deleted from any copies of the Software made by the Customer. The Customer shall not decompile, or create by reverse engineering or otherwise, the source codes from the object code supplied hereunder, or adapt the Software in any way or use it to create a derivative work. Zuercher shall not be responsible in any way for Software performance if the Software has been modified, except as modified by Zuercher. Customer shall not modify or make any copies of the Software so as to not risk any Customer liability, but rely on the Escrow agreement in the event Customer ever needs access to the Software. Said provision notwithstanding, Customer reserves the right to make copies of Customer-owned data at any time during the term of this agreement. 2.3 Restrictions on Usage The Customer shall not allow any party, other than Zuercher, to perform “write” operations directly to or on the server or database (such as by using an ODBC driver). This provision shall in no way preclude Customer usual and customary business use of the System. The Customer shall not access through direct logon any Server Hardware or cause any software except the Software provided under this Agreement to be installed on or executed on the Server Hardware. Customer promises to not access or alter Software or Server Hardware except to use City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 8 Zuercher Technologies LLC | 3 Zuercher System for usual and customary business purposes on a daily basis as recommended by Zuercher. 3. Delivery, Fees Payment 3.1 Delivery of Software to Customer The Software shall be delivered in executable object code form only. Zuercher shall initially deliver and install copies of the Software as set forth in Addendum A on Hardware. Except as stated in Addendum D, Zuercher shall not be responsible for providing any updates, enhancements, modifications, revisions, additions, replacements, conversions or maintenance to the Software. 3.2 Delivery of Hardware to Customer Zuercher shall ship Hardware to the Customer’s location at a mutually agreeable time in the project timeline. Items shipped via commercial carrier are FOB destination at the fixed price stated herein. It shall be the Customer’s responsibility to install all Hardware except the Server Hardware and to perform proper facility preparation (such as appropriate uninterrupted power, air conditioning, space, electrical drops, security, network equipment, network drops, etc) not specified in this Agreement as being provided by Zuercher, but necessary to accommodate equipment before, during, and/or after installation. It shall be Zuercher’s responsibility to install the Server Hardware with the assistance of Customer’s IT staff. 3.3 Delivery of Services to Customer Zuercher will provide Services as set forth in Addendum A. 3.4 Fees Upon execution of the Agreement, the Customer shall pay Zuercher the fees on the due dates set forth in Addendum C. 3.5 Payment The Customer shall pay invoices received from Zuercher by the date due according to the terms of this Agreement. 3.6 System Acceptance The Customer acknowledges that the System shall be deemed accepted on the date of notification of System completion by Zuercher, unless the Customer notifies Zuercher in writing within sixty (60) days after delivery of such notification of any material non-conformity in the Software as compared with the Documentation and this Agreement or of any failure to deliver Hardware or Services in accordance with this Agreement. In the event that the Customer does so City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 9 Zuercher Technologies LLC | 4 notify Zuercher, Zuercher shall promptly use its reasonable efforts to correct any non-conformity and will again send notification in writing that the installation is complete. System Acceptance will be dated at the new notification. 3.7 System Acceptance Following a Notification of Non-Conformity The Customer acknowledges that the System shall be deemed accepted on the date of new notification of System Acceptance by Zuercher, unless the Customer notifies Zuercher in writing within sixty (60) days after delivery thereof of any continued non-conformity. In the event that the Customer does so notify Zuercher, Zuercher shall promptly use reasonable efforts to correct any non-conformity and will again send notification in writing that the installation is complete. 3.8 Maintenance Agreement So long as Customer does not exercise its right to termination pursuant to Section 6.3 herein, Zuercher shall provide maintenance as set forth in Addendum D for the fees set forth in Addendum C for a period of ten years. 4. Other Rights and Obligations 4.1 Proprietary Rights Zuercher represents that it is the owner of or otherwise has the rights to the Software and that it has the right to grant the License. Zuercher retains title to the Software and any other deliverables hereunder, including, without limitation, all copies and audiovisual aspects thereof and all rights to patents, copyrights, trademarks, trade secrets and other intellectual property rights inherent therein and appurtenant thereto. The Customer shall not, by virtue of this Agreement or otherwise, acquire any proprietary rights whatsoever in the Software or in any other deliverables hereunder, which shall be confidential information of Zuercher and the sole and exclusive property of Zuercher. Zuercher hereby expressly reserves any right not expressly granted to the Customer by this Agreement. No identifying marks, copyright or proprietary right notices may be deleted from any copy of the Software provided to or made by the Customer. 4.2 Trademarks and Trade Names Any and all trademarks and trade names, which Zuercher uses in connection with the License granted hereunder, are and shall remain the exclusive property of Zuercher. Nothing contained in this Agreement shall be deemed to give the Customer any right, title or interest in any trademark or trade name of Zuercher. 4.3 Confidentiality Except as otherwise provided in this Agreement, the Customer shall not sell, transfer, publish, disclose or otherwise make available any portion of the Software to others. The Customer shall City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 10 Zuercher Technologies LLC | 5 use its reasonable best efforts to cooperate with and assist Zuercher in identifying and preventing any unauthorized use, copying or disclosure of the Software or any portion thereof or any of the algorithms or logic contained therein. 4.4 Non-Confidential Information Confidentiality obligations of the parties shall not extend to information that: (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than the receiving party; (b) was known to the receiving party at the time of its disclosure and such knowledge can be proven by documentation; (c) is independently developed by the receiving party; (d) is subsequently learned from a third party not under a confidentiality obligation to the providing party; or (e) is required to be disclosed pursuant to applicable statute or regulation, court order, subpoena, or government authority. 4.5 Disclaimer of Warranty The warranties set forth in Zuercher’s Response to RFP, dated January 31, 2013 and Addendum D are the only warranties made by Zuercher. Zuercher expressly disclaims, and the Customer hereby expressly waives, all other warranties, express or implied, including, without limitation, merchantability and fitness for a particular purpose. 4.6 Legal Relationship It is expressly understood by the Customer and Zuercher that Zuercher shall not be construed to be, and is not, an employee of the Customer. Zuercher shall provide services to the Customer as an independent contractor with control over the time, means and methods for accomplishing the services outlined in this Agreement. Zuercher further acknowledges that he/she is not entitled to such benefits as holiday time, vacation time, sick leave, retirement benefits, health benefits, or other benefits usually associated with employment. 4.7 Insurance Provision Zuercher, at all times during the term of this Agreement, shall obtain and maintain in force insurance coverage of the types and with the limits as follows: Commercial General Liability Insurance Zuercher shall maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $2,000,000 for each occurrence. If such City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 11 Zuercher Technologies LLC | 6 insurance contains a general aggregate limit it shall apply separately to this Agreement or be no less than two times the occurrence limit. Professional Liability Insurance or Miscellaneous Professional Liability Insurance Zuercher agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $2,000,000.00 per occurrence and $4,000,000.00 aggregate. Business Automobile Liability Insurance Zuercher shall maintain business automobile liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each accident. Such insurance shall include coverage for owned, hired and non-owned vehicles. At the Customer’s request, Zuercher shall provide properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement and which provide that such insurance may not be canceled, except on thirty (30) days prior written notice to the Customer. 5. Limitation of Liability The aggregate liability of Zuercher for any reason and upon any cause of action of claim, including, without limitation, Zuercher’s obligation to indemnify and hold harmless under this agreement, shall be limited to the amount of $2,000,000.00, including, without limitation, breach of contract, breach of warranty, indemnity, negligence, strict liability, misrepresentations, and other torts. 6. Termination 6.1 Termination for Cause Either party may terminate this Agreement for cause based upon the failure of the other party to comply with the terms and conditions of the Agreement by giving written notice specifying the non-compliance. If within thirty (30) days after receipt of such notice, the non-compliant party shall not have corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in good faith to correct said failure and thereafter proceeded diligently to complete such correction, then the other party may, at its option, place the non-compliant party in default and the Agreement shall terminate on the date specified in such notice. City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 12 Zuercher Technologies LLC | 7 6.2 Post-Termination Obligations All provisions hereof relating to Zuercher’s proprietary rights, confidentiality, non-disclosure and non-solicitation shall survive the termination or expiration of this Agreement. Any fees due as per Addendum C for work completed prior to termination shall still be paid by the Customer. 6.3 Termination of Maintenance Agreement Customer may terminate the Maintenance Agreement set forth in Addendum D by providing notice ninety (90) days prior to the date that the next annual maintenance payment is due. 7. Miscellaneous 7.1 Contract Documents The following Exhibits are incorporated into this Agreement: 1. Addendum A 2. Addendum B 3. Addendum C 4. Addendum D 5. Addendum E 6. Zuercher’s Response to the RFP dated January 31, 2013 7. Customer’s RFP and Instructions to Vendors In the event of any inconsistency between the various documents that comprise this Agreement, the order of precedence, unless otherwise specifically stated, shall be as follows: (i) the Agreement, followed by (ii) the exhibits to the Agreement in the order in which they appear above. This Agreement may not be modified except by a writing subscribed to by authorized representatives of both parties. 7.2 Force Majeure Neither party shall be liable to the other for any failure of performance under this Agreement due to causes beyond its control, consisting of acts of God, fire, flood or other catastrophes; any law, order, regulation, direction, action or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over such party, or of any civil or military authority; national emergencies; insurrections; riots; wars; or strikes, lock-outs, work stoppages or other labor difficulties (collectively, “Force Majeure Events”). City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 13 Zuercher Technologies LLC | 8 7.3 Governing Law This Agreement and performance hereunder shall be governed by the law of the State of Minnesota, without giving effect to the principles of conflict of law of such state or international treaties. 7.4 Assignment Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Such consent shall not be unreasonably withheld. 7.5 Survival All provisions of this Agreement relating to proprietary rights, confidentiality, non-disclosure or to payment of fees by the Customer shall survive the termination of this Agreement. 7.6 No Waiver The waiver or failure of either party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. 7.7 Enforceability If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Parties, and the remainder of this Agreement shall continue in full force and effect. 7.8 Remedies Unless otherwise specified herein, the rights and remedies of both Parties set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity. 7.9 Headings The headings of the sections of this Agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of this Agreement. 7.10 No Third Party Beneficiaries The Parties agree that this Agreement is for the benefit of the Parties hereto and is not intended to confer any rights or benefits on any third party, and that there are no third party beneficiaries as to this Agreement or any part of specific provision of this Agreement. 7.11 Taxes The Customer shall, in addition to the payments required hereunder, pay all applicable sales, use, transfer or other taxes and all duties, whether international, national, state or local, however City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 14 Zuercher Technologies LLC | 9 designated, which are levied or imposed by reason of the transactions contemplated hereby, excluding, however, income taxes on net profits which may be levied against Zuercher. The Customer shall reimburse Zuercher for the amount of any such taxes or duties paid or accrued directly by Zuercher as a result of this transaction. If the Customer is a tax-exempt organization, the Customer will provide Zuercher with documentation required by the taxing authority to support such exemption. 7.12 Non-Discrimination During the performance of this contract, Zuercher shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age. Zuercher shall post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. Zuercher shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 7.13 Change Orders Change orders and out-of-scope work will be defined by written agreement. 7.14 Audit Disclosure Zuercher shall allow the Customer or its duly authorized agents reasonable access to such of Zuercher’s books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, Zuercher under this Agreement which the client requests to be kept confidential shall not be made available to any individual or organization without the prior written approval of both Customer and Zuercher. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by Zuercher shall become the property of the Customer upon termination of this Agreement, but Zuercher may retain copies of such documents as records of the services provided. 7.15 Subcontractor Zuercher shall not enter into subcontracts for services provided under this Agreement without the express written consent of the Customer. Zuercher shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of Zuercher’s receipt of payment by the Customer for undisputed services provided by the subcontractor. If Zuercher fails within that time to pay the subcontractor any undisputed amount for which Zuercher has received payment by the Customer, Zuercher shall pay interest to the subcontractor on the unpaid amount at the City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 15 Zuercher Technologies LLC | 10 rate of 1-1/2 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, Zuercher shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from Zuercher shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 7.16 Compliance with Laws and Regulations In providing services hereunder, Zuercher shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation shall constitute a material breach of this Agreement and entitle the Customer to terminate this Agreement as per Section 6.1. 7.17 Indemnification Subject to the $2,000,000.00 aggregate limit set forth in Section 5 herein, Zuercher agrees to defend, indemnify and hold the Customer, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from an error, omission or negligent act of Zuercher, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Zuercher fully to perform, in any respect, all obligations under this Agreement. 7.18 Records Access Zuercher shall provide the Customer access to any books, documents, papers, and record which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 7.19 Notices All notices, requests, or demands, and other communications from any of the parties hereto to the others shall be in writing and shall be considered to have been duly given if personally given to all other parties or on the date mailed if sent by certified or registered mail, return receipt requested, postage prepaid, to the other parties at the address set forth below (or address as such party may designates by written notice to the other party). If to Zuercher: Zuercher Technologies LLC ATTN: Michael Zuercher, President 5121 South Solberg Avenue, Suite 150 Sioux Falls, South Dakota City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 16 Zuercher Technologies LLC | 11 If to Customer: City of St. Louis Park ATTN: Tom Harmening, City Manager 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416 7.20 Performance and Payment Bond In order to secure faithful performance of the Agreement at the time of its execution, Zuercher shall provide at its cost a performance and payment bond in a form acceptable to the Customer in the amount of 100% of the contract price set forth in Addendum C for costs associated with system licensing, implementation, and first year maintenance. A separate bond for Year Two Maintenance and thereafter shall be provided annually by Zuercher at its cost in the amount of annual maintenance fee. The maintenance bond may be extended for additional terms at the option of the Surety, by continuation certificate executed by the Surety. Neither non-renewal by the Surety, nor failure or inability of the Principal to file a replacement bond or other replacement security, shall constitute loss of the Obligee recoverable under this bond. 8. Customer Responsibilities 8.1 Project Management The Customer shall provide one primary Project Manager to be the main point of contact for Zuercher. The designated Project Manager will be responsible for managing and coordinating the Customer’s resources to complete assigned project tasks and activities. The Project Manager will also be responsible for designating persons responsible for specific roles as needed, such as System Administrator and / or Hardware Project Manager, and ensuring that tasks assigned to these individuals are completed. Customer shall be responsible for the designated Project Manager coordinating with the Customer’s Chief Information Officer for the limited tasks to be performed by the Customer’s Department of Information Resources. The Project Manager will also be responsible for sign-offs of various project documents and will have the authority to speak for Customer from a project perspective. Customer’s dedicated Project Manager: Lieutenant Lori Dreier. 8.2 System Configuration The Customer shall make available appropriate subject matter experts to perform System configuration tasks as assigned. Customer shall be responsible for the designated Project City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 17 Zuercher Technologies LLC | 12 Manager coordinating with the Customer’s Chief Information Officer for the limited need for subject matter experts from the Customer’s Department of Information Resources. 8.3 Data Conversion The Customer shall provide data for conversion in one of the following compatible formats: MS SQL .bak files with database version and credential information, MySQL .dump or .sql files with database version and credential information, PostgreSQL .sql files with database version and credential information, MS Access 2003 or newer .mdb files, CSV files with column headers and relationship mapping documentation, or Oracle Version 10g or Newer backup files. 8.4 Additional Components Other components (hardware and/or software) may be desired for use with the System. Zuercher assumes no responsibility under this Agreement for obtaining and/or supporting such components except as expressly agreed herein. This includes, but is not limited to, networking equipment, workstations, servers for third party systems, mobile networking equipment, and mobile workstations or laptops. 8.5 Third Party Costs Except as expressly agreed herein, Zuercher assumes no responsibility for any third party costs related to implementation of the System. This includes, but is not limited to, any third party costs associated with the implementation of Interfaces. City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 18 Zuercher Technologies LLC | 13 The Customer has read and agrees to all of the attached and incorporated terms and conditions. City of St. Louis Park Jeffrey E. Jacobs Mayor ___________________________ Date: _________ Thomas K. Harmening City Manager ___________________________ Date: _________ Zuercher Technologies LLC Michael Zuercher President ___________________________ Date: _________ City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 19 Zuercher Technologies LLC | 14 Addendum A – Statement of Work Zuercher will provide Software, Hardware, and Services, substantially similar to those outlined below, in the quantities specified in Addendum B. 1. Software The software detailed in the following sections includes, but is not limited to, the listed functionality. ledsSuite Base • Operating software • Database software • Core ledsSuite application software o Master name records o Address records o Vehicle records o Configurable dashboard o Authentication ledsCAD • Command-line entry • Drag and drop commands • Configurable, color-coded displays • Silent dispatch (via ledsMobile) • Incident alarms • Unit assignments and status alarms • Bulk shift status changes • Detailed command logs • Scheduled calls • Responder paging • Bulletins/BOLOs • Beat plans • Custom forms ledsMapping • Command-line entry • Drag and drop commands • Visual status alerts • User configuration of map layers • Active calls for service • Call for service click-through • Custom map markers ledsMapping AVL • Identify vehicle locations on map • Routing from current location to CFS location City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 20 Zuercher Technologies LLC | 15 ledsRecords • Configurable workflows • Automatic case notifications • Immediate access for related records • Supervisor reviews • Unlimited case report types such as: o Investigations o Juvenile o Narcotics • Security trimming for report types • Full audit trail • Digital evidence linking • UCR compliant • Alerts on warrants, sex offenders • No duplicate data entry • Property/evidence management • Custom forms ledsAdministration • Shift logs • Employee files • Commendations and disciplinary actions • Training logs • Policy manual • Inventory management • Fleet management • Equipment assignments • Secure intra-agency messaging • Citizen feedback • Custom forms ledsFinancial • Double-entry accounting system • Automatic invoice creation • Configurable addition of fees based on record workflow • Full audit trail • Account reconciliation • Receipt generation • Statement printing • Funds disbursements ledsMobile CAD • NCIC queries • Bulletins/BOLOs ledsMobile Records • Cases • Warrants • Access to master name files (including mug shots) • Alerts tied to master name files • Field-based reporting • One e-Citation form (MN Citation) ledsMobile Mapping City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 21 Zuercher Technologies LLC | 16 • Active calls for service • Map markers • Visual status alerts • User configuration of map layers • Routing from current location to CFS location ledsMobile AVL • Identify vehicle locations on map • Call for service integration ledsJail • Automatic sentence calculations • Cell recommendations • Integrated camera support • Property tracking • Inmate and commissary accounts • Expenses and billing • Court tracking • Activity scheduling • Visitor logs • Incident and disciplinary logs • Victim notification (VINE) • Digital lineups • Custom forms ledsReporting • Pre-made reports • Custom reports • Ad-hoc queries • Export to PDF, Excel, XML, TXT • Report builder • Custom data filters • Statistical analysis • Scheduled reports • Crime analysis • COMSTAT compatible • Email reports ledsPortal • Public access to info such as: o Warrants o Inmates o Case reports o Incident reports o Sex offenders • Read-only access • Data sharing with other agencies • Media reports • Mobile device access • Public tip submittals 1.1. Interfaces All costs related to Zuercher’s implementation of the following interfaces is represented in Addendum B. Any third party costs or charges incurred related to the implementation of the following interfaces will be the responsibility of the Customer. City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 22 The following is a comprehensive list of interfaces to be deployed. The interfaces listed below, and their agreed upon function and method, may differ from other documents made part of this Agreement. It is agreed that this section controls. Any interfaces that cannot be deployed as part of System go-live due to the Customer or a third- party vendor not being ready for deployment shall not delay System Acceptance. MN NCIC Interface This is a two-way interface between ledsSuite the BCA message switch. The Customer will make the best effort to gain approval from Minnesota Bureau of Criminal Apprehension to provide a network connection and necessary authentication information. The following queries are supported: DQ (Driver's License), QDP (In-state Driver's License), QMW (In-state Vehicle Registration), RQ (Vehicle Registration), BQ (Boat), PAQ (Probation, Parole, Corrections), QA (Article), QBOT (In-state Boat), QDC (Disability Certificate), QG (Gun), QML (Vehicle Lien Holder), QMO (Vehicle Registration Owner), QMR (Vehicle Hot Files), QMS (Vehicle Sticker Number), QORV (Off-Road Vehicle Registration), QSNO (In-state Snowmobile Registration), SQ (Snowmobile Registration), Driver History, and Image. MN Criminal Justice Statute Service (MNCJSS) Interface This is a two-way interface between ledsSuite and the MN Criminal Justice Statute Service (MNCJSS). ledsSuite will call the MNCJSS web service to update and validate statute citations and statute IDs from the MNCJSS. ledsSuite will retrieve current statute information and automatically update changes from the MNCJSS web service. ledsSuite will use approved XML per MNCJSS's WSDL to call the necessary web service functions. MN CJRS This interface will allow the Customer to submit arrests, incidents, stolen property, and recovered property in the format accepted by the MN CJRS system. MN CIBRS This interface will allow the Customer to submit data as outlined in the MN CIBRS system documentation. e-Charging Interface This is a two-way interface between ledsSuite and the BCA eCharging Incident Report Service. ledsSuite will submit incident report data as XML to the BCA's web service, to be consumed by either law enforcement, prosecutors or courts. Data and message responses will come back to ledsSuite via the BCA web service. Zuercher will conform to the “Getting Started Submitting to eCharging.doc” for transmissions to and from the BCA's web service. City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 23 e-Citation Interface This interface will allow the Customer to submit citation data from ledsRecords to the MNCIS system. Firehouse Interface This is a one-way interface from ledsCAD to Firehouse. Upon completion of a CFS in ledsCAD, an XML file is written to a Customer provided network file share which is watched by the Firehouse CAD Monitor. Information is then imported into Firehouse via a process managed entirely by that application. Zuercher sets up the export of data from ledsCAD to the network file share. Dynamic Imaging Mug Shot Interface This is a two-way interface between ledsJail and Dynamic Imaging. When an inmate is booked into ledsJail, an XML file is sent to Dynamic Imaging, who then loads this data and captures mug shot images. Dynamic Imaging sends the mug shot images to a network share location that ledsJail then copies and imports back to the corresponding bookings. Dynamic Imaging prepares and manages the HennRAP and Livescan data submissions. MN VINE Interface This is a one-way interface from ledsJail to Appriss. ledsJail sends inmate demographic data to an SFTP site, hosted by Appriss, upon the completion of an inmate booking and when an inmate is released. ledsJail also sends a daily active population report to the Appriss SFTP site to update VINE. Zuercher sets up the export to the SFTP site. SMS Gateway Service Interface This is a one-way interface from ledsCAD to a Zuercher provided SMS Gateway. This interface allows pages (messages) to be sent to individuals and groups via SMS directly from ledsCAD. The Customer will perform all entry and configuration of phone numbers for SMS users. The connection to the SMS Gateway Service interface is set up by Zuercher. “PONotify” Interface A list of current parolees will be downloaded daily from an MN DOC FTP site. If the data has changed from the last download, it will be processed as follows. A search of ledsSuite case involvements that have been added since the last new file was downloaded will be done for each person in the list. If there is a name match using first name, last name, and DOB, then an email will be sent to the email addresses listed as POEmail addresses for that parolee in the file. The email will contain the parolee’s name, the Customer’s agency name, and a ledsSuite case number for reference and will come from a ledsSuite email address that doesn’t receive replies. City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 24 Entrust Tokens Interface This is a two-way interface that uses Entrust Tokens for dual factor authentication when logging into ledsSuite. ledsSuite will issue a RADIUS request to the LOGIS server to authenticate users and will use the response to this request to allow or deny access. Zuercher will entertain a different method of completing this interface as a best effort to avoid the need for a second two-factor authorization for Customer, provided that the scope of work and level of effort do not change. NDI Recognition Interface This is a one-way interface from the NDI Recognition System to ledsMobile. NDI uses its image and IR camera system to recognize and transmit license plate tag numbers to ledsMobile, which prepopulates a vehicle registration query (by plate) using the ledsSuite NCIC screen. This can be configured to query automatically or manually. FATPOT Interface This is a one-way interface from ledsSuite to export an XML file with specified CAD information via a RESTful interface. Fatpot will then access the data provided through the interface and import it into their RMS via a process completely external to ledsSuite. Time Synchronization This is a one-way interface that uses NTP to keep all Servers’ clocks in sync. N-DEx Adapter (IA IEPD) This is an interface that produces XML that is conformant to the N-DEx Incident/Arrest (IA) IEPD. It does not include all fields defined in the IEPD. N-DEx Adapter (IB IEPD) This is an interface that produces XML that is conformant to the N-DEx Incarceration/Booking (IB) IEPD. It does not include all fields defined in the IEPD. VIPER 911 Telephone System Interface This is a one-way interface that receives ANL/ALI data over a serial connection. City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 25 2. Hardware Server Hardware Three (3) rack-mount servers will be provided. They will be configured as ledsSuite servers in three configurations: production, testing/training, and standby. In addition to the standard ledsSuite operating environment, each server will have the capability of running an NCIC message switch and interface server environment in a virtual machine. They will each be sized by Zuercher to allow for acceptable system performance from any one of them. Two (2) Lantronix KVM-over-IP devices will also be provided. Upon termination of the Maintenance Agreement, Customer shall own the server hardware. 3. Services Project Management From the start of the project, a Zuercher Technologies project manager works with the agency as the single point of contact for implementation of the ledsSuite system. The project manager develops and manages the implementation schedule and liaises with the agency and Zuercher Technologies to keep the project on track and on schedule. The project manager conducts weekly status meetings to provide the agency with status reports. The project team, under the direction of the project manager, visits pertinent areas of the agency and meets with key agency personnel to understand the agency’s operational needs and business rules. Team members observe the agency’s daily operations first-hand and use that information to identify how the ledsSuite system would best be configured to match and enhance the agency’s workflows. The project team trains system administrators in Customer Police Department on configuration options and code table setup. System Admin Training As noted, the first portion of training is performed by the project team. Team members guide the system administrators in configuring the ledsSuite system, setting up and maintaining code tables, managing users and user rights, among other options. In addition to the Zuercher project manager, one (1) Zuercher staff member will be on-site for three (3) days of system admin training. City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 26 Complete End User Training Trainers conduct detailed courses for each of the agency’s user groups (such as dispatchers or officers). These courses focus on the features of the ledsSuite system which are pertinent to each of these groups in their roles within the agency. As a result, the content of each course is tailored to the features and functionality which that group needs to know and use. Prior to training and System Acceptance, Zuercher staff will assist in a “real world” stress test to ensure that the System configuration has been completed successfully. Up to ten (10) trainer-days of training will be provided. Go Live Support Zuercher Technologies staff is on site at the agency for go-live. Project managers and/or trainers assist users with questions which arise during this process and reinforce skills learned during the training sessions. In addition to the Zuercher project manager, two (2) Zuercher staff members will be on-site for two (2) days of go-live support. Data Conversion The project manager reviews with the agency which data is important to convert and monitors the process to ensure timely completion. Zuercher Technologies’ data conversion analyst performs the actual data conversion. The data conversion analyst: • Coordinates with the agency to obtain copies of conversion data and screen shots. • Identifies how the legacy data is formatted, linked, and organized. • Develops scripts to load legacy data into conversion tool and into ledsSuite. • Guides the agency through verification of the converted data. The following data will be converted: • eTrack Evidence – data to be in a form substantially similar to that of the provided “eTrack_backup_2013_08_22_170010_2105161.bak” file • Printrak CAD – data to be in a form substantially similar to that of the provided “PCAD_Archive_SF.bak” and “PCAD_Archive_SL.bak” files City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 27 • Printrak RMS – data to be in a form substantially similar to that of the provided “LRMS_Archive_SL.bak” file Data not contained in three systems listed above will not be converted. City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 28 Addendum B – Pricing Detail The following pricing details and totals are provided for informational purposes only and are not intended to indicate final amounts to be paid by the Customer. It is agreed that Addendum C is the controlling document with respect to payments and amounts owed. Purchase and Year 1 maintenanc e Maintenance CAD $127,335 $21,325 RMS $87,390 $10,803 MDC $64,790 $9,068 AVL $14,300 $2,145 JMS $17,745 $2,243 Interfaces $163,000 $28,700 Data Conversion $20,000 System TOTALS $494,560 $74,284 Interfaces Purchase Maintenance MN BCA NCIC $20,500 $4,100 MN Criminal Justice Statute Service (MNCJSS) $12,500 $1,875 MN Criminal Justice Reporting Service (CJRS) Included $0 e-Charging $7,500 $1,125 e-Citation $25,500 $5,100 VIPER 9-1-1 Telephone System Included $0 Firehouse Software Service $5,500 $825 Time Synchronization Included $0 Dynamic Imaging Mug Shot / Livescan / HenRAP $12,500 $2,500 Victim Information and Notification Everyday (VINE) network $5,000 $750 MN Department of Corrections: Statewide Supervision System Included $0 SMS Text Paging $6,500 $975 Rip and Run Included $0 CIBRS Interface Included $0 N-DEx Adapter (IA IEPD) Included $0 N-DEx Adapter (IB IEPD) Included $0 MN DOC PONotify $10,000 $1,500 Drivers License Query & Populate - no hardware $10,000 $2,200 Entrust Tokens $11,500 $1,725 NDI LPR $12,500 $2,500 FATPOT $23,500 $3,525 Interfaces TOTALs $163,000 $28,700 City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 29 Addendum C – Payment Schedule The following payments shall be paid by Customer to Zuercher for Year One Purchase including Year One Maintenance: • 30 percent upon contract signing $148,368 • 30 percent upon Server Hardware Installation, Powered Up, Software Installed $148,368 • 25 percent upon System Implementation $123,640 • 15 percent upon System Acceptance by Customer $74,184 Year Two Maintenance shall be in the amount of $74,284.00. Annual Maintenance for subsequent years three through ten will not increase in an amount greater than five percent (5%) of the previous year. City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 30 Addendum D - Maintenance Agreement 1. Warranties 1.1 Software Warranties Zuercher warrants that: (i) it owns or otherwise has the rights in the Software and has the right to license the Software as described in this Agreement and (ii) while the Maintenance Agreement is in effect and has not been terminated or expired the operation of the Software shall not have material non-conformities, provided that no party has altered any portion of the Software, that the Software are operated on the Equipment and in the Operation Environment necessary to operate the Software, and that any non-conformities are not caused by products or services from any third party. Zuercher shall correct the Software, in a reasonable time, to perform in accordance with Addendum A, upon written notice of its failure to so perform from the Customer. In the event Zuercher fails to remedy material defects in the Software under this Warranty, the Customer shall be entitled to all legal and equitable remedies allowed by applicable law for breach of such warranty. 1.2 Hardware and Third Party Software Warranties Zuercher warrants that, at the time of delivery, the Hardware will be new and unused. In addition to the Software Warranty in Paragraph 1.1, all Hardware and Third Party Software warranties provided by the manufacturer will be passed through to the Customer. Zuercher will be solely responsible for processing and managing of all Hardware and Third Party Software warranty claims that may be necessary during the term of this Agreement. 2. Software Updates While this Agreement has not expired, Zuercher will maintain the Software by providing software updates and enhancements to the Customer. All software updates provided to the Customer by Zuercher pursuant to the terms of this Agreement shall be subject to the terms and conditions of the License Agreement between the parties. Updates will be provided on an as- available basis and include the items listed below: 1. Bug fixes; 2. Enhancements to products licensed by Customer under this Agreement; Updates do not include: 1. Platform extensions including product extensions to different hardware platforms, different windowing system platforms, or different operating system platforms City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 31 2. New functions such as new modules, components, products, or applications. At a time mutually acceptable to both parties, Zuercher will install software updates remotely. 3. Support Zuercher shall provide phone and email support for the Software licensed under this agreement and shall maintain a support center database to track any reported issues. No support will be provided for Software more than two versions back from the most recently released version. Support does not include custom programming services or training. 4. Hardware Maintenance Zuercher will maintain, and replace as necessary, the Server Hardware necessary to host the Software. This does not include any Hardware except Server Hardware. 5. Customer Responsibilities 5.1 Access to Premises The Customer shall provide Zuercher with reasonable and timely access to the sites and personnel necessary for Zuercher to perform its obligations under this Agreement. 5.2 Zuercher Server Access The Customer will ensure that all ledsSuite servers are network accessible to Zuercher at all times via SSH. 5.3 System Administrator The Customer is responsible for naming one or more System Administrators from its Police Department to serve as a primary point of contact between the Customer and Zuercher. At least one System Administrator must be available at all times. The Customer will ensure that the System Administrators possesses the appropriate technology and public safety knowledge and skills to perform this role sufficiently. 5.4 Security The Customer is responsible for providing all network and physical security except as specifically stated below. This includes, but is not limited to, VPN, dual factor authentication, firewalls, and routers. Zuercher will provide FIPS-140 compliant encryption between the production and standby servers as well as to its backup facilities. Zuercher is also responsible for all security related to its System of software, hardware, and services. Zuercher and Customer are each responsible for City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 32 gaining approval from the Minnesota Bureau of Criminal Apprehension for its respective security tasks. 5.5 System Updates The Customer shall work in good faith to allow Zuercher to install System updates as requested by Zuercher on Hardware and automated Hardware-driven updates on all licensed client computers in Customer Police and Fire Departments. Utilizing said updates, Zuercher shall work in good faith to continue support for System compatibility with Customer’s current Microsoft Windows 7 operating system and Office 2010 office automation software and their updates as long as Microsoft Corporation provides official support for Microsoft Windows 7 and Office 2010. 6. Escrow “Source Code” means all source code of the Software, together with all commentary and other materials supporting, incorporated into or necessary for the use of such source code, including all supporting configuration, documentation, and other resource files and identification by Zuercher and version number of any software (but not a license to such third-party software) used in connection with the source code and of any compiler, assembler, or utility used in generating object code. Within ninety (90) days of the effective date, Zuercher shall deposit the Source Code for the Software with a nationally recognized software escrow (the “Escrow Agreement”). Within ninety (90) days after delivery to the Customer of any major update, Zuercher shall deposit the Source Code for such update with the Escrow Agent pursuant to the Escrow Agreement. The parties agree that the Escrow Agreement is an “agreement supplementary to” the Agreement as provided in Section 365(d) of Title 11, United States Code (the “Bankruptcy Code”). Immediately upon termination of this Agreement, the Source Code shall be released back to Zuercher. Conditions for release: the Customer will have the right to obtain the Source Code in accordance with and subject to the terms and conditions of this section and the Escrow Agreement provided that all of the following three conditions are met (collectively a “Release Event”): a. Zuercher winds down its business or liquidates its business under a Chapter 7 Bankruptcy proceeding; Zuercher discontinues maintenance and support to the Software; or Zuercher refuses or is otherwise unwilling to continue maintenance and support of the Software City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 33 b. No entity has succeeded to Zuercher’s obligations to provide maintenance and support on the Software in accordance with the Agreement in effect between the parties, and c. The Customer is not in breach of its obligations under this Agreement. In no event shall the Customer have the right to use the Source Code, “barring a release event”, for any purpose, and the Customer is specifically prohibited from using the Source Code to reverse engineer, develop derivative works or to sublicense the right to use the Source Code to any other person or entity for any purpose. The Customer will also be obligated to treat the Source Code as confidential information of Zuercher under the Agreement subject to the provisions of the Minnesota Government Data Practices Act or any other applicable law relating to public disclosure. City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 34 Addendum E – Tentative Timeline The following is a tentative implementation schedule and is included for informational purposes only. It is not meant to hold either the Customer or Zuercher to any specific deadlines. Monday, October 7, 2013 • St. Louis Park Police Department Completes Contract Signing. • Zuercher Technologies Initiates Internal Kickoff Discussions. Tuesday, October 15, 2013 • Zuercher Technologies Holds Kickoff Meeting with St. Louis Park Police Department. • St. Louis Park Police Department identifies Server and Network Specifications. • Zuercher Technologies Orders Servers. Tuesday, November 5, 2013 • St. Louis Park Police Department Provides Conversion Data and Matching System Screen Shots. • St. Louis Park Police Department Initiates Interface Discussions with Third-Party Vendors. • Zuercher Technologies installs/configures/tests servers at headquarters with OS and ledsSuite. Monday, December 2, 2013 • Zuercher Technologies Installs Servers onsite at St. Louis Park Police Department. • Zuercher Technologies attends onsite Business Practice Review (BPR). • Zuercher Technologies Initiates System Configuration with St. Louis Park Police Department. • Zuercher Technologies begins writing the Configuration Management Document (CMD). Tuesday, December 10, 2013 • Zuercher Technologies submits the Configuration Management Document (CMD) to St. Louis Park Police Department for Review and Approval. Friday, December 13, 2013 • Zuercher Technologies Receives Approved Configuration Management Document (CMD) from St. Louis Park Police Department. Monday, December 16, 2013 • Zuercher Technologies Begins Interface Engineering. City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 35 Monday, January 3, 2014 • Zuercher Technologies Begins Data Conversion. Wednesday, February 26, 2014 • Zuercher Technologies Complete Enhancement Engineering and Begins New Feature Configuration. • Zuercher Technologies Completes Interface Engineering and Begins Testing with St. Louis Park Police Department. Friday, March 7, 2014 • Zuercher Technologies Completes Data Conversion and Begins Data Validation with St. Louis Park Police Department. Wednesday, March 12, 2014 • Zuercher Technologies and St. Louis Park Police Department Completes System Configuration. Friday, March 14, 2014 • Zuercher Technologies Provides Demo and Final Review of Configured System. Friday, March 21, 2014 • Zuercher Technologies Completes Final Modifications of Configured System. Tuesday, March 25, 2014 • Zuercher Technologies Conducts ledsSuite Train-the-Trainer Sessions. Monday, March 31, 2014 • St. Louis Park Police Department Conducts End User Training Sessions. Tuesday, April 15, 2014 • St. Louis Park Police Department Goes Live with ledsSuite. City Council Meeting of October 7, 2013 (Item No. 8e) Title: Public Safety Software Agreement Page 36